Agenda and minutes

That the minutes of the Extraordinary Meeting held on 16 December 2004 and of the Ordinary Meeting held on 20 January 2005, having been circulated, be taken as read and signed as correct records.

[Notes:  (i)  The 16 December 2004 and 20 January 2005 Council minutes have been circulated previously within Volumes 7 and 8 (2004/05) respectively of the Cabinet and Council Minutes;

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

RESOLVED:

THAT THE MINUTES OF THE EXTRAORDINARY MEETING HELD ON 16 DECEMBER 2004 AND OF THE ORDINARY MEETING HELD ON 20 JANUARY 2005, HAVING BEEN CIRCULATED, BE TAKEN AS READ AND SIGNED AS CORRECT RECORDS.

To receive declarations of personal or prejudicial interests, arising from business to be transacted at this meeting, from all Members present.

[Note: A list of Members’ notified interests will be tabled for confirmation, or update].

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 2005/06.

Attention was drawn to the tabled document which recorded Members’ interests as identified by them in advance.

A number of Members confirmed additional individual interests.

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 THE WORSHIPFUL THE MAYOR, AS TABLED, UPON HER OFFICIAL DUTIES, TOGETHER WITH THE OCCASIONS ON WHICH SHE HAD BEEN REPRESENTED BY THE DEPUTY MAYOR AND A PAST MAYOR, SINCE THE PREVIOUS COUNCIL MEETING.

The following Motions have been notified in accordance with the requirements of Council Procedure Rule 15, to be moved and seconded by the Members indicated:-

(1)         PETTS HILL ROAD IMPROVEMENT SCHEME

To be moved by Councillor John Nickolay and seconded by Councillor Mrs Kinnear:-

“This Council:

1.            Agrees to suspend work on phase one of the Petts Hill Road Improvement Scheme to enable further efforts to be made for a comprehensively improved scheme to be produced. These should include discussions with the elected representatives at all levels to enable such a scheme to be implemented urgently.

2.            Requires that the comprehensive scheme should particularly address safety for pedestrians (both during and after improvement work), adequate traffic lanes for all vehicles, replacement of the bridge and no closed?in areas for pedestrians.

3.            Needs to know the total cost of the scheme before work commences”.

(Note:  Under Council Procedure Rule 15.6 this Motion should stand referred to the Executive as being a matter within its delegated powers.

Any Member may move that such a referral should not apply which procedural motion would be put to a vote without discussion).

FOR CONSIDERATION

(2)         MAYOR OF LONDON

To be moved by Councillor C.Mote and seconded by Councillor D.Ashton:-

“This Council deplores the actions of the Mayor of London, Ken Livingstone, in his likening a Jewish reporter to a concentration camp guard. It invites Harrow’s two Labour MPs to join the Council in disassociating themselves from his words”.

FOR CONSIDERATION

The Leader of the Conservative Group, Councillor C Mote, moved and the Deputy Leader of the Group, Councillor D Ashton, seconded a procedural motion under the general provisions of Rule 15.6 that the Motion included at Item 14(1) of the Council Summons and indicated to stand referred to the Executive, as being a matter within its delegated powers, should rather be considered at this Council Meeting.

Upon a vote the procedural motion was not carried.

RESOLVED:

THAT THE PROCEDURAL MOTION UNDER COUNCIL PROCEDURE RULE 15.6, SEEKING THE CONSIDERATION AT THIS COUNCIL MEETING OF THE MOTION AT 14(1) OF THE SUMMONS, BE NOT AGREED.

(See also Resolution 297 below).

[Note:  Councillors Arnold, D Ashton, Mrs Ashton, Mrs Bath, Miss Bednell, Billson, Janet Cowan, John Cowan, Harriss, Mary John, Kara, Mrs Kinnear, Knowles, Myra Michael, Vina Mithani, C Mote, Janet Mote, John Nickolay, Mrs Joyce Nickolay, Osborn, Anjana Patel, Pinkus, Romain, Seymour, Silver and Versallion wished to be recorded as having voted in favour of the procedural motion].

The Mayor formally drew to the attention of the Council the additional business for this Council Meeting as set out in the tabled Second Supplemental Summons and sought the agreement of Members to receive that business, to be taken as Item 16.

The proposal received the general assent of the Council.

RESOLVED:

THAT THE BUSINESS SET OUT IN A SECOND SUPPLEMENTAL SUMMONS, RELATING TO A JOINT HEALTH OVERVIEW AND SCRUTINY COMMITTEE ON THE REDEVELOPMENT OF NORTHWICK PARK HOSPITAL, BE RECEIVED FOR CONSIDERATION AT THIS COUNCIL MEETING FURTHER TO RULE 14.2 (RECEIPT OF A RECOMMENDATION FROM A COMMITTEE) AND TAKEN AS ITEM 16 OF THE SUMMONS UNDER RULE 4.2 (VARIATION TO THE ORDER OF BUSINESS).  (See Resolution 300 below).

The Worshipful 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 Director of Corporate Governance, on behalf of petitioners.

The following petitions were submitted by Members of Council:

(i)                   Submitted by Councillor Stephenson, containing some 900 signatures of local residents, shopkeepers and customers objecting to the current total restriction on parking on the east (shop) side of Pinner Road, between Pinner View and Devonshire Road, as a cause of a decline in business and seeking a scheme that would allow free parking to facilitate maximum customer access.

(ii)                 Submitted by Councillor Vina Mithani, containing 137 signatures of residents, requesting on behalf of the local traders a prohibition on vehicles driving onto the pavement at Kenton Park Parade, Kenton Road, on general safety grounds and for the prevention of obstruction of access to shops, and seeking that a survey be undertaken for the implementation of appropriate safety and traffic measures.

(iii)                Submitted by Councillor Knowles, containing 55 signatures of residents of Albury Drive and Evelyn Drive, Pinnerwood Park Conservation area, expressing concern at the increasing volume, speed and size of vehicles using their roads, giving rise to danger for residents and noise pollution in a Conservation area, and requesting measures to address the problem.

[Note:  All three petitions stood referred to the Traffic Advisory Panel].

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].

Further to Item 5 on the Summons, the following four questions were submitted by members of the public, in accordance with Council Procedure Rule 12.3:

[Notes:  (i)  In relation to the Questions at (1) and (4) above, the questioners confirmed that the Leader of the Council had advised that a written reply would be provided as well as a private meeting;

(ii)  in relation to the Questions at (2) and (3) above, these were answered orally and additionally a supplementary question in each case received an oral response].

Report of the Director of Financial and Business Strategy.

Council received a report in this matter from the Director of Financial and Business Strategy under the provisions of Section 4C of the Constitution (Budget and Policy Framework Rules) seeking approval to expenditure from reserves in excess of £100,000 for new policies or growth for which no provision had been made in the budget.

The recommended expenditure from reserves on the identified projects was approved by the general assent of the Council.

RESOLVED:

THAT THE USE OF RESERVES AS EXPENDITURE IN EXCESS OF £100,000 ON THE FOLLOWING PROJECTS BE APPROVED:-

RECOMMENDATION II:               (CABINET – 17 February 2005)

At Item 6 on the Summons, the Council received Recommendation II of the Cabinet meeting of 17 February 2005 in this matter.

Further to the decision outlined at Resolution 285 above, the Mayor moved Recommendation II for the purposes of opening the debate.  (No precedent was intended by this arrangement for this occasion).

The Labour Group and the Conservative Group each tabled an amendment to Recommendation II and the Recommendation and both amendments were debated jointly.

(i)                   Councillor N Shah moved and Councillor Dighé seconded a detailed amendment including specific proposals for the Authority’s budget for 2005/06 and a revised model Council Tax resolution on the basis of those proposals, which would result in a Council Tax increase of 0.72%.

(ii)                 Councillor D Ashton moved and Councillor C Mote seconded a detailed amendment including specific proposals for the Authority’s budget for 2005/06 and a revised model Council Tax resolution on the basis of those proposals, which would result in a Council Tax decrease of 0.26%.

[Note:  Both Group amendments also contained proposals on the Members’ Allowances Scheme for 2005/06 which were the same with regard to the addition of Special Responsibility Allowances for the Scrutiny Sub-Committee Vice-Chairs and for the Members serving on licensing panels exercising new responsibilities.

The Conservative Group amendment proposed no increase in allowances to allow for inflation.

The Labour Group amendment proposed an increase of 2.95% in allowances to allow for inflation].

[A draft of the Members’ Allowances Scheme for 2005/06, excluding the elements which were the subject of the budget amendments (as above) had been provided to all Members of Council].

(iii)                Following a full debate, each amendment was voted on separately.

(iv)                Upon a vote, the amendment outlined at (ii) above was not carried.

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

(vi)                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 the budget be approved to enable the Council Tax for 2005/06 to be set;

(2)  that the model Council Tax resolution set out below be approved:

“(1)    To note that at its meeting on 20 January 2005 the Council calculated the amount of 84,309 as its Council Tax Base for the year 2005-2006 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.

(2)     That the following amounts be now calculated by the Council for the year 2005-2006, in accordance with Sections 32 to 36 of the Local Government Finance Act 1992:

RECOMMENDATION III:                (CABINET – 17 February 2005)

Further to Item 8 on the Summons, the Council received Recommendation III from the Cabinet meeting of 17 February 2005 in this matter.

Having been formally moved by the Leader of the Council, the Recommendation was adopted as printed.

RESOLVED:

THAT (1) THE TREASURY MANAGEMENT STRATEGY FOR 2005/06 BE APPROVED (as set out in paragraphs 2.5 – 2.18 of the report of the Director of Financial and Business Strategy submitted to the Cabinet meeting);

(2)  THE COUNCIL’S LENDING LIST BE APPROVED (as set out in Appendix 2 of the report of the Director of Financial and Business Strategy submitted to the Cabinet meeting);

(3)  THE PRUDENTIAL INDICATORS FOR 2005/06 T0 2007/08 BE APPROVED (as set out in paragraphs 2.19 – 2.40 of the report of the Director of Financial and Business Strategy submitted to the Cabinet meeting).

RECOMMENDATION I:                 (CABINET – 17 February 2005)

Further to Item 9 on the Summons, the Council received Recommendation I from the Cabinet meeting of 17 February 2005 in this matter.

The Recommendation was formally moved by the Leader of the Council.

The Leader of the Conservative Group, Councillor C Mote, made a brief statement to confirm that while his Group would support the Recommendation, this would be on the basis that they considered the proposed, revised Corporate Priorities as having a current draft status.

The Recommendation was adopted as printed.

RESOLVED:

(1)  THAT THE REFRESHED CORPORATE PRIORITIES 2005/2006 BE APPROVED (as detailed in the report of the Director of Organisational Performance to the Cabinet meeting), BEING IN SUMMARY:-

·                     Strengthening Harrow’s communities

·                     Putting Harrow on the map

·                     Valuing Harrow’s customers

·                     Impact through Harrow’s partnerships

·                     Harrow – a true learning community 

(2)  THAT THE CORPORATE AND SERVICE PLANNING PROCESS FOR 2005/2006 BE ENDORSED.

RECOMMENDATION II:                 (CABINET – 13 January 2005)

An original Recommendation arising from the Cabinet meeting in January in this matter was held over pending the completion of consultation on the Draft Strategy.

Further to that consultation, there is now attached an officer update report and the revised Strategy document.

Council is requested formally to receive and agree the Cabinet Recommendation and to adopt the final Strategy on a Safer Harrow Crime and Drugs Strategy 2005 – 2008.

Further to Item 10 on the Summons, the Council received:-

(i)                   Recommendation II from the Cabinet meeting of 13 January 2005;

(ii)                 an officer briefing paper, fronting an updated “Safer Harrow Crime, Disorder and Drugs Strategy 2005?2006”, following consultation;

(iii)                an information update on the postponement from April to June 2005 of the official launch of the Strategy.

Having been formally moved by the Leader of the Council, the Recommendation and the updated Strategy document were adopted as printed.

RESOLVED:

THAT, FOLLOWING THE CONSULTATION UNDERTAKEN, THE “SAFER HARROW CRIME, DISORDER AND DRUGS STRATEGY 2005?2006” NOW SUBMITTED BE APPROVED FOR PUBLICATION AND SUBMISSION TO THE HOME OFFICE.  

Attached is a report in this matter from the Chief Executive.

It is proposed that the membership of the Licensing and General Purposes Committee be increased from its current total of 11 to a new size of 15. The expanded membership will facilitate the availability of Members entitled to serve on the licensing appeals panel hearings, under the provisions of the Licensing Act 2003.

The Council is requested to receive the nominations of the political Groups to the membership of 15 and to formally re-establish the Licensing and General Purposes Committee accordingly.

FOR DECISION

Council received a report in this matter from the Chief Executive proposing an expansion of the size of the Licensing and General Purposes Committee from a membership of 11 to 15, to provide for the workload which would arise from licensing appeal hearings related to the Licensing Act 2003 provisions.

The Meeting received confirmation of the nominations from the political Groups to the 15 places on the Licensing and General Purposes Committee.

The Labour Group additionally nominated Councillor Idaikkadar to be Chair of the reconstituted Committee for the remainder of the Municipal Year 2004/05.

All the appointments were confirmed.

RESOLVED:

(1) THAT THE LICENSING AND GENERAL PURPOSES COMMITTEE BE RECONSTITUTED WITH THE FOLLOWING MEMBERSHIP:-

(2) THAT COUNCILLOR IDAIKKADAR BE APPOINTED CHAIR OF THE COMMITTEE FOR THE REMAINDER OF THE MUNICIPAL YEAR 2004/05.

STATUTORY RESOLUTION

Attached is a covering report of the Chief Executive together with the form of a Statutory Resolution.

The Council is required to consider the attached form of Statutory Resolution and, in order to confirm Harrow’s continued participation in the Bills now deposited in Parliament, to adopt the Resolution by an absolute majority of full Council.

FOR DECISION

Council received a report in this matter form the Chief Executive which, further to an original unanimous decision at the Council Meeting on 21 October 2004 (Resolution 242(1)) to participate in the promotion of a ‘Ninth London Local Authority Bill’, now advised the requirement for the Council to confirm its continuing participation in respect of the current three London Local Authority Bills.

The confirmatory (second) statutory resolution was agreed unanimously.

RESOLVED:

THAT IT BE AGREED UNANIMOUSLY THAT THE LONDON LOCAL AUTHORITIES BILLS STATUTORY CONFIRMING (SECOND) RESOLUTION OF COUNCIL BE ADOPTED (as set out in Appendix IV to these Minutes).

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

(Confirmation of any such questions will be tabled).

Further to Item 13 on the Summons, the following question had been submitted by a Member of Council, notice of which had duly been given under the provisions of Council Procedure Rule 13.2.

[Notes: (i)  Under the provisions of Rule 13.4 (c) the Portfolio Holder advised that his reply would be provided in writing and, further to this decision having been challenged, confirmed that a written answer was more convenient;

(ii)  under the same Rule, Council noted that the written answer would be provided to the questioner and copied to all Members of the Council].

At 10.27 pm Councillor C Mote moved a procedural motion under the provisions of Rule 10.2(ii) that the closure time for the Council Meeting be extended by 15 minutes from 10.30 pm to 10.45 pm to allow debate on the Motion at Item 14(2) on the Summons.

The proposal received the general assent of the Council.

RESOLVED:

THAT UNDER THE PROVISIONS OF COUNCIL PROCEDURE RULE 10.2(ii), THE MEETING BE EXTENDED TO 10.45 PM.

Further to the provisions of Council Procedure Rule 15.6,

RESOLVED:

THAT THE MOTION SET OUT AT ITEM 14(1) STAND REFERRED TO THE NEXT MEETING OF THE EXECUTIVE AS BEING A MATTER WITHIN THE POWERS OF THE EXECUTIVE.

(Resolution 283 above also refers)

(i)                   Councillor C Mote moved and Councillor D Ashton seconded the following Motion appearing at Item 14(2) of the Summons:-

“This Council deplores the actions of the Mayor of London, Ken Livingstone, in his likening a Jewish reporter to a concentration camp guard.  It invites Harrow’s two Labour MPs to joint the Council in disassociating themselves from his words.”

(ii)                 Councillor Bluston moved and Councillor N Shah seconded the following amendment:-

To delete all words after “Mayor of London” and to substitute the words:-

“Ken Livingstone’s comments to Oliver Finegold and his refusal to apologise has caused offence to many in the Jewish Community.  Whilst the Council acknowledges the Mayor’s outstanding track record in fighting racism and anti-Semitism it urges the Mayor to apologise for the offence caused by his comments.  The Council congratulates Harrow’s two Labour MPs for the robust position they have taken in urging an apology from the Mayor of London”.

(iii)                Following debate, Councillor C Mote sought leave of the Council to effect an alteration to his original Motion with the objective of achieving a revised wording which would secure a consensus of the whole Council.

The proposed alteration was to delete the second sentence from that Motion.

(iv)                The Leader of the Council, Councillor N Shah, indicated his in principle agreement to the proposal.

(v)                  The Council accordingly assented to the withdrawal of the amendment in the names of Councillors Bluston and N Shah and to the indicated alteration of the original Motion.

(vi)                The revised Motion was put to the meeting and adopted unanimously by those voting, in the following form:-

“This Council deplores the actions of the Mayor of London, Ken Livingstone, in his likening of a Jewish reporter to a concentration camp guard.”

RESOLVED:

THAT THE SUBSTANTIVE MOTION, AS SET OUT IN ITS ALTERED FORM AT (vi) ABOVE, BE ADOPTED UNANIMOUSLY.

[Notes: (1) Councillors Arnold, Nana Asante, D Ashton, Marilyn Ashton, Mrs Bath, Miss Bednell, Billson, Bluston, Branch, Burchell, Mrs Champagnie, Choudhury, Janet Cowan, John Cowan, Currie, Margaret Davine, Dharmarajah, Dighé, Foulds, Gate, Mitzi Green, Ann Groves, Harrison, Harriss, Idaikkadar, Ingram, Ismail, Mary John, Kara, Mrs Kinnear, Knowles, Lavingia, Lent, Miss Lyne, Miles, Vina Mithani, C Mote, Janet Mote, John Nickolay, Mrs Joyce Nickolay, Marie-Louise Nolan, O’Dell, Omar, Osborn, Anjana Patel, Pinkus, Ray, Romain, Seymour, N Shah, Mrs R Shah, Silver, Stephenson, Thornton, Toms, Versallion, Anne Whitehead and Williams wished to be recorded as voting for the Motion;

(2)  Councillor Myra Michael had left the Meeting prior to the vote].

Report of the Chief Executive.

In accordance with the Overview and Scrutiny Procedure Rules set out in Part 4 of the Constitution, Council received a report of the Chief Executive which provided details of decisions taken as a matter of urgency since the Meeting on 20 January 2005 by Portfolio Holders, the Leader of the Council and the Cabinet on behalf of the Executive.

Council received and noted the officer report.

RESOLVED:

THAT THE URGENT DECISIONS TAKEN BY A PORTFOLIO HOLDER, THE LEADER AND THE CABINET NOW REPORTED BE NOTED.

Further to Resolution 284 above, the Council received Recommendation 1 in this matter, under the provisions of Council Procedure Rule 14.2, from the meeting of the Health and Social Care Scrutiny Sub Committee held on 17 February 2005, as tabled within a second supplemental Summons as Item 16.

The Health and Social Care Scrutiny Sub-Committee Chair, Councillor Bluston, formally moved Recommendation 1, which was adopted as printed.

RESOLVED:

THAT (1) A JOINT HEALTH OVERVIEW AND SCRUTINY COMMITTEE BE ESTABLISHED, IN CONJUNCTION WITH BRENT COUNCIL AND OTHER APPROPRIATE COUNCILS, TO CONSIDER THE PROPOSALS FOR THE RE?DEVELOPMENT OF NORTHWICK PARK HOSPITAL;

(2) COUNCILLOR BLUSTON AND COUNCILLOR MYRA MICHAEL BE NOMINATED AS THE TWO REPRESENTATIVES FROM HARROW COUNCIL, WITH COUNCILLOR ANN GROVES AND COUNCILLOR VINA MITHANI AS RESERVE MEMBERS;

(3)  THE HEALTH AND SOCIAL CARE SCRUTINY SUB-COMMITTEE’S STRONG PREFERENCE TO NOMINATE FOUR PERMANENT MEMBERS TO THE PROPOSED JOINT HEALTH OVERVIEW AND SCRUTINY COMMITTEE BE SO CONVEYED.