Agenda and minutes

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

That the minutes of the Council (Council Tax) Meeting held on 26 February 2004, having been circulated, be taken as read and signed as a correct record.

(Notes: (i) The minutes of the above Meeting have been previously circulated within Volume 9 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 COUNCIL (COUNCIL TAX) MEETING HELD ON 26 FEBRUARY 2004, HAVING BEEN CIRCULATED, BE TAKEN AS READ AND SIGNED AS A CORRECT RECORD.

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

It was noted that there were no declarations of interest on behalf of Members with regard to the business to be transacted at this Council Meeting. 

To receive any announcements from the Mayor.

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

Further to the tabled information regarding the recent Mayoral engagements undertaken by the Mayor, the Mayor also advised that the Borough had hosted a visit by Her Majesty Queen Elizabeth II and His Royal Highness the Duke of Edinburgh on 1 April to mark the 50th Anniversary of the signing of the Charter of Incorporation of Harrow as a Borough. The Mayor thanked officers for their hard work in arranging the visit.

The Mayor further paid tribute to the Borough Solicitor for his efforts in co-ordinating the Council’s opposition to the closure of Harrow Magistrates Court which opposition, the Mayor now advised, had been successful.

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, SINCE THE COUNCIL (COUNCIL TAX) MEETING ON 26 FEBRUARY 2004 AND THE ADDITIONAL INFORMATION PROVIDED ABOVE.

To receive and consider any procedural motions from 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).

No Procedural Motions were moved at this meeting.

To receive petitions (if any) submitted in accordance with Council Procedure Rule 11 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 petitioners. 

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

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

(i)                  Councillor John Nickolay submitted a petition signed by 65 of residents of Stafford Road which objected to the introduction of a 20mph zone and parking restrictions in that area.

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

(ii)                 Councillor Miss Lyne submitted a petition signed by 98 local residents which called upon the Council to install a right filter light at the junction of Station Road and Pinner Road, North Harrow.

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

[Note: Councillor Stephenson also submitted 31 detailed letters of objection from residents of Southfield Park, Station Road and Hooking Green in relation to the outline planning application in respect of 45?51 Southfield Park. The letters stood referred to the Development Control Committee].

(2)                 By a member of the public:

(i)                  Mr J Lawrence presented a petition signed by approximately 1400 local residents which called upon the Council to erect a new war memorial outside the Civic Centre to replace the current plain stone one.

[Note: The petition stood referred to the Cabinet].

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 was submitted by a member of the public, in accordance with Council Procedure Rule 12.3:

[Note: An oral answer was provided to the above question and under the provisions of Council Procedure Rule 12.4, a supplementary question was also asked and additionally answered].

The submitted Cabinet Recommendations having been moved by the Leader of the Council, Councillor Foulds, it was

RESOLVED:

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

(1)                 CABINET:  16 MARCH 2004

The Recommendation was adopted as printed.

The Recommendation was adopted as printed.

The Recommendation was adopted as printed.

[Notes:  (i)  The detailed wording and format of the Plan associated with the above Recommendation III were also debated and an amended version of the Plan was tabled. Following a vote on those amendments to the Plan on which there was not a consensus, the Plan was adopted in an amended form. The substantive, amended Plan is attached at Appendix I;

(ii)  during the course of the debate on the Plan, Councillors Gate and Miss Bednell moved, on separate occasions, under the provisions of Council Procedure Rule 17.10(d) “that the question now be put”. On both occasions, this received the general assent of the Council and the Meeting moved to a vote on the relevant amendment;

(iii)  Councillors Arnold, D Ashton, Mrs Ashton, Mrs Bath, Miss Bednell, Billson, Mrs Champagnie, John Cowan, Janet Cowan, Harriss, Kara, Knowles, Jean Lammiman, Myra Michael, Vina Mithani, C Mote, Janet Mote, John Nickolay, Joyce Nickolay, Anjana Patel, Pinkus, Romain, Seymour, Silver and Versallion wished to be recorded as having abstained from voting on the substantive Motion in relation to this item].

(2)                 CABINET:  20 APRIL 2004

The Recommendation was adopted as printed.

[Note: Councillors D Arnold, D Ashton, Mrs Ashton, Mrs Bath, Miss Bednell, Billson, Mrs Champagnie, John Cowan, Janet Cowan, Harriss, Kara, Knowles, Jean Lammiman, Myra Michael, Vina Mithani, C Mote, Janet Mote, John Nickolay, Joyce Nickolay, Anjana Patel, Pinkus, Romain, Seymour, Silver and Versallion wished to be recorded as having abstained from voting on the above Recommendation].

The Recommendation was adopted as printed.

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 Borough Solicitor 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 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 since the previous Council Meeting  (that is as individually authorised by Portfolio Holders).

RESOLVED:

THAT THE URGENT DECISIONS TAKEN BY PORTFOLIO HOLDERS SINCE THE PREVIOUS COUNCIL MEETING 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 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 Borough Solicitor by 12.00 noon on the day of the Council Meeting.

Further to Item 13 on the Summons, the following question had been submitted by a Member of Council, notice of which had been duly given under the provisions of Council Procedure Rule 13. An oral answer was provided by the relevant Portfolio Holder:

[Note: Under the provisions of Council Procedure Rule 13.5, the Questioner also asked a supplementary question to which an oral answer was additionally provided].

(i)                   Councillor Knowles moved and Councillor Navin Shah seconded the following Motion appearing at Item 14(1) of the Summons:

“Following the destruction of the locally listed Railway Hotel, Hatch End, we call on the Council to encourage and support our Planning Department to liaise with other boroughs, some of whom are known to share our concerns, in promoting changes in legislation to strengthen the rules governing Local Listed Buildings.

These should be tightened to the level that currently applies to domestic properties which require consent to demolish”.

(ii)                 Following a debate and upon a vote, the Motion was carried unanimously.

RESOLVED:

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

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

“This Council is pleased that the Government has recognised the need for a Referendum on the new EU Constitution”.

(ii)                 Following a debate upon a vote, the Motion was carried.

RESOLVED:

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

[Notes: (1) During the course of the debate on the above Motion, Councillor C. Mote 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;

(2) Councillors Nana Asante, Blann, Bluston, Burchell, Choudhury, Currie, Margaret Davine, Dighé, Foulds, Gate, Mitzi Green, Ann Groves, Harrison, Idaikkadar, Ismail, Kinsey, Lavingia, Lent, Miles, Marie?Louise Nolan, O’Dell, Omar, Ray, N. Shah, Rekha Shah, Stephenson, Thammaiah, Toms and Anne Whitehead wished to be recorded as having abstained from voting on the above Motion].

At its meeting on 23 October 2003 the Council received a report of the Chief Executive on the allocation of the various Statutory and Proper officer roles in the light of the Authority’s organisational and Chief Officer restructuring.

Further to the confirmation then given to the relevant office holders/statutory roles (Resolution 142), it was noted that the Chief Finance Officer/Section 151 role was assumed by the Executive Director (Business Connections) pending an appointment to the vacant post of Director of “Business Strategy”.

An appointment is now made to the post of Director of Financial and Business Strategy. Council is requested formally now to confirm the appointment of Myfanwy Barrett as the Council’s Chief Finance Officer in accordance with the statutory provisions of Section 151 of the Local Government Act 1972 and Section 114 of the Local Government Act 1988, with immediate effect, and to authorise the appropriate amendment to Section 3B of the Council’s Constitution, “Delegations to Chief Officers”.

FOR CONFIRMATION

Further to the information provided at Item 15 of the Summons it was

RESOLVED:

(1) THAT THE APPOINTMENT OF MYFANWY BARRETT AS THE COUNCIL’S CHIEF FINANCE OFFICER IN ACCORDANCE WITH THE STATUTORY PROVISIONS OF SECTION 151 OF THE LOCAL GOVERNMENT ACT 1972 AND SECTION 114 OF THE LOCAL GOVERNMENT ACT 1988, BE CONFIRMED WITH IMMEDIATE EFFECT,

(2) THE APPROPRIATE AMENDMENT TO SECTION 3B OF THE COUNCIL’S CONSTITUTION, “DELEGATIONS TO CHIEF OFFICERS” BE AUTHORISED.