Agenda and minutes

Following the Chaplain’s prayers, the Mayor requested Council to remain standing in a minute of silence to pay honour to all those who had lost their lives consequent to the earthquake which had occurred in South Asia on 8 October 2005.

The Mayor confirmed that Letters of Condolence on behalf of the Council had been sent to:

The High Commissioner for India

The High Commissioner for Pakistan

(i)                   The following Harrow residents had received awards in the Queen’s New Year’s Honours List:

(ii)                 Members of Council paid tribute to Thomas (‘Freddie’) Ryall, a well-respected, long?serving former officer in the Council’s Education Department.

On behalf of Council, the Mayor offered congratulations to the England Men’s Cricket Team on their victory in the “Ashes” Test Match series, and to the England Women’s Team on their series victory over Australia also.  Particular congratulations were offered to Beth Morgan, a resident of Harrow, and member of the England Women’s cricket team.

RESOLVED:

THAT THE MAYOR WRITE TO BETH MORGAN CONGRTULATING HER ON HER PARTICIPATION IN THE ENGLAND WOMEN’S TEAM VICTORY.

Congratulations were offered to Councillor Mark Versallion following the birth of his son.

That the minutes of the Annual Meeting held on 12 May 2005, having been circulated, be taken as read and signed as a correct record.

[Notes:  (i)  The Annual Council minutes have been circulated previously within Volume 1 of the Cabinet and Council Minutes May 2005;

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

RESOLVED:

THAT THE MINUTES OF THE ANNUAL COUNCIL MEETING HELD ON 12 MAY 2005, HAVING BEEN CIRCULATED, BE TAKEN AS READ AND SIGNED AS A CORRECT RECORD.

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

Item 17(2) on the Council Summons: RAF Bentley Priory

Having declared a personal interest in the above item, Councillor David Ashton remained and took part in the discussion and voting on this item.

RESOLVED:

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

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 THOSE OCCASIONS ON WHICH SHE WAS REPRESENTED BY HER DEPUTY MAYOR AND A PAST MAYOR, SINCE THE ANNUAL COUNCIL MEETING ON 12 MAY 2005.

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].

Councillor Mark Ingram sought leave of the Council to withdraw the procedural motions advised in his name, to which the Council assented.  In consequence, the emergency motion which had also been notified by the Member was not admitted to this meeting.

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:

(1)                 Submitted by Councillor Bill Stephenson containing 63 signatures of residents of Parkside Way, North Harrow, requesting the Council to resurface the road, introduce speed cameras and provide a pedestrian crossing.

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

(2)                 Submitted by Councillor Chris Mote containing some 290 signatures of residents in the Pinner South Ward objecting to the erection of an O2 mobile telephone mast at the rear of Cannons Newsagent, Coronation Parade, Cannon Lane in close proximity to residential dwellings, without local consultation.

[The petition had also been submitted to the local Member of Parliament].

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

(3)                 Submitted by Councillor Anjana Patel comprising 45 letters from residents of Alfriston Avenue, North Harrow, requesting the Council to introduce a Controlled Parking Zone system in their road to counter its use as a traffic “rat run” between Imperial Drive to the Ridgeway.

[The petition 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.

Notice has been received of the following Question from Mr P. Seedher to be asked of the Portfolio Holder for Social Care and Health:-

“If after the new year budget has been prepared and implemented – your dept was to receive an additional £500,000 or even an additional £1m on top of your requirement – how would you like to spend it ? Do you have a wish list of essential items ?”

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

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

[Notes:  (i) Questions (1) and (2) above were answered orally and additionally a supplementary question in each case received an oral response;

(ii) In regard to the second question, the Portfolio Holder agreed also to send the questioner a written copy of the reply and related documentation ].

CABINET (28 JULY 2005):                      RECOMMENDATION I  

Further to Item 7 on the Summons, the Council received Recommendation I of the Cabinet meeting of 28 July 2005 in this matter.

RESOLVED:

THAT THE ABOVE RECOMMENDATION BE ADOPTED AS PRINTED.

OVERVIEW AND SCRUTINY COMMITTEE (26 APRIL 2005):  RECOMMENDATION I

Further to Item 8 on the Summons, the Council received Recommendation I of the Overview and Scrutiny Committee meeting of 26 April in this matter.

(i)                   The Chair of the Overview and Scrutiny Committee formally moved acceptance of the Annual Report for 2004/05.  Council had been provided with the Annual Report as now produced as a separate printed booklet with enhanced textual and artwork presentation.

(ii)                 In the course of debate a number of Members expressed their appreciation of the work of the Overview and Scrutiny Committee.

RESOLVED:

THAT THE ABOVE RECOMMENDATION BE ADOPTED AS PRINTED.

OVERVIEW AND SCRUTINY COMMITTEE (19 JULY 2005):  RECOMMENDATION I

Rights of Members of Overview and Scrutiny Committee to Information.

[Note: The Constitutional change proposed in this Recommendation was also considered by the Constitution Review Working Group which also endorses the revision. The report from that Working Group does not therefore include this particular matter, for the avoidance of duplication].

Further to Item 9 on the Summons, the Council received Recommendation I of the Overview and Scrutiny Committee meeting of 19 July 2005 in this matter.

RESOLVED:

THAT THE ABOVE RECOMMENDATION BE ADOPTED AS PRINTED.

To receive the Recommendations of the Constitution Review Working Group.

(i)                   The Chair of the Constitution Review Working Group, Councillor Ann Groves, formally moved the Recommendations arising from the Review Group.

(ii)                 Councillor Jean Lammiman moved and Councillor Gate seconded an amendment to the Recommendation in relation to Overview and Scrutiny Rules 16.1 and 16.2 (Part 4F of the Constitution) in the following terms:

“Propose retain ‘next meeting’ and retain the present time frames, rather than ‘the next appropriate meeting’ and changing the time frames in accordance with this”.

This was agreed by general assent of the Council.

(iii)                The Recommendation in relation to the particular Rules was adopted as amended.

RESOLVED:

THE RECOMMENDATIONS ARISING FROM THE CONSTITUTION REVIEW WORKING GROUP BE ADOPTED, SUBJECT TO THE AMENDMENT SET OUT AT (i) ABOVE IN RESPECT OF RULES 16.1 AND 16.2.

Further to the preceding item on the Summons and the consideration afforded by the Constitution Review Working Group to the possible effect on Council dates of the Cabinet having the statutory responsibility to agree the Council Tax Taxbase, the Leader of the Council (Councillor Navin Shah) proposes that:-

The Council agree (1) to cancel the 19 January 2006 Council Meeting (as had been nominally anticipated in the printed Calendar of Meetings 2005/06);

(2)  that within future Municipal Years the January Meeting be replaced by a July Meeting; and

(3)  that the Calendar of Meetings for 2006/07 should so include a Council Meeting in July 2006.

FOR CONSIDERATION

Further to Item 11 on the Summons, the Leader of the Council (Councillor Navin Shah) proposed:

(1)  the cancellation of the 19 January 2006 Council Meeting (as had been nominally anticipated in the printed Calendar of Meetings 2005/06);

(2)  that within future Municipal Years the January Council Meeting be replaced by a July Meeting; and

(3)  that the Calendar of Meetings for 2006/07 include a Council Meeting in July 2006.

RESOLVED:

THAT THE ABOVE PROPOSALS BE ADOPTED.

STANDARDS COMMITTEE (21 SEPTEMBER 2005):  RECOMMENDATION I

Further to Item 12 on the Summons, the Council received Recommendation I of the Standards Committee meeting of 21 September 2005 in this matter.

RESOLVED:

THAT THE ABOVE RECOMMENDATION BE ADOPTED AS PRINTED.

STANDARDS COMMITTEE (21 SEPTEMBER 2005): RECOMMENDATION II

Further to Item 13 on the Summons, the Council received Recommendation II of the Standards Committee meeting of 21 September 2005 in this matter.

RESOLVED:

THAT THE ABOVE RECOMMENDATION BE ADOPTED AS PRINTED.

STANDARDS COMMITTEE (21 SEPTEMBER 2005): RECOMMENDATION III

Further to Item 14 on the Summons, the Council received Recommendation III of the Standards Committee meeting of 21 September 2005 in this matter.

RESOLVED:

THAT THE ABOVE RECOMMENDATION BE ADOPTED AS PRINTED.

The Leader of the Council, Councillor Navin Shah, has given notice of seeking the approval of the Council under the provisions of Paragraph 7.02, Article 7 of the Constitution, to effect the following limited variation in the delegations to Portfolio Holders.[ This variation has already been the subject of a temporary re-assignment under the general provisions of Paragraph 4 (Appendix to Executive Procedure Rules), as then notified to all Members in June 2005].

It is proposed that an existing delegation appropriately be transferred from the remit of the Deputy Leader, Portfolio Holder for Business Connections and Performance to the delegations ascribed to the Portfolio Holder for Communications, Partnership and Human Resources.

The particular delegation reads as follows:-

“the development of the Council’s response to crime, substance abuse and associated issues and the maintenance of good working relationships with other agencies to secure a safe living and working environment within the Borough “.

FOR CONFIRMATION

Further to Item 15 on the Summons, the Leader of the Council (Councillor Navin Shah) sought the approval of Council to effect that an existing delegation be appropriately transferred from the remit of the Deputy Leader, Portfolio Holder for Business Connections and Performance to the delegations ascribed to the Portfolio Holder for Communications, Performance and Human Resources.  The particular delegation read as follows:

“the development of the Council’s response to crime, substance abuse and associated issues and the maintenance of good working relationships with other agencies to secure a safe living and working environment within the Borough”.

RESOLVED:

THAT THE VARIATION IN THE ALLOCATION OF PORTFOLIO HOLDER REMITS BE AGREED AS SET OUT ABOVE.

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.

Notice has been given by Councillor Williams of a question to be asked of the Business Connections and Performance Portfolio Holder (Councillor Dighé) in the following terms:-

“How much does this Council expend, in terms of money, time and facilities, in promoting Black History Month, and what is the expend, on an equal basis, in terms of promoting White History ?”.

(Confirmation of any further questions will be tabled).

Further to Item 16 on the Summons, the following five 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 5 were answered orally (see notes below):

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

(2)  the time allowed under Procedure Rule 13.2 expired and the fifth notified question and a further urgent question submitted under Rule 13.3(b) could not be asked at Council.  It was noted that written responses would be provided].

During the consideration of Item 15 on the Summons (Resolution 358), Councillor Knowles asked one question of the Leader of the Council under the provisions of Rule 13.1, relating to a Petition previously reported to a Cabinet Meeting from residents of Tillotson Road.

The Leader of the Council agreed to provide a written response, which would be copied to all Members of Council.

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

(1)               Fair Trade Borough

To be moved by Councillor Thornton and seconded by Councillor Marie-Louise Nolan:

“That this Council notes the work being undertaken by the Fairtrade Foundation to tackle poverty by enabling disadvantaged producers from poor countries to receive a better deal for their labours.

This Council resolves:

1.                  to express its support for the principles of Fair Trade as part of the Council’s commitment to Local Agenda 21 and in pursuit of sustainable development;

2.                  to commit itself to promote awareness of Fair Trade through the Council’s communications and its website;

3.                  to encourage the serving of Fair Trade products at its meetings and Council run outlets;

4.                  to request that officers work with Fair Trade Groups in the Borough and outside to ensure continued commitment to Harrow becoming a Fair Trade Borough.”

FOR CONSIDERATION

(2)               RAF Bentley Priory

To be moved by Councillor John Cowan and seconded by Councillor C.Mote:

“This Council regrets that the Ministry of Defence is contemplating selling RAF Bentley Priory with its historical significance to a property developing company and calls upon the Borough’s two MPs to use all their best endeavours to keep the Priory within public ownership, for the future benefit of the British people”.

FOR CONSIDERATION

(3)               Harrow Borough Controlled Drinking Zone

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

“This Council notes the success of controlled drinking zones in other London boroughs, in particular Westminster where it has been adopted for the whole borough, and calls for the introduction of a controlled drinking zone to cover the whole of Harrow, thereby giving the police power to act against anti-social drinking”.

FOR CONSIDERATION

(i)                   Councillor Thornton moved and Councillor Marie-Louise Nolan seconded the Motion appearing at Item 17(1) of the Summons.

(ii)                 The Motion was the subject of an agreed alteration under the provisions of Council Procedure Rule 17.7 as follows:

            In paragraph 4 to delete the word “outside” and to insert between the words “Borough and” and the words “to ensure” the following additional wording:

“liaise with surrounding Boroughs practising Fair Trade”.

The amended paragraph would then read in full:

“4.        to request that officers work with Fair Trade Groups in the Borough and liaise with surrounding Boroughs practising Fair Trade to ensure continued commitment to Harrow becoming a Fair Trade Borough.”

(iii)                Following debate the substantive motion was moved and upon a vote agreed in the following terms:

“This Council resolves

1.To express its support for the principles of Fair Trade as part of the Council’s commitment to Local Agenda 21 and in pursuit of sustainable development;

2.To commit itself to promote awareness of Fair Trade through the Council’s communications and its website;

3.To encourage the serving of Fair Trade products at its meetings and Council run outlets;

4.To request that officers work with Fair Trade Groups in the Borough and liaise with surrounding Boroughs practising Fair Trade to ensure continued commitment to Harrow becoming a Fair Trade Borough.”

RESOLVED:

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

[Notes:  (1)  During the course of the debate, Councillor Miss Bednell moved at 8.45 pm, under the provisions of Procedure Rule 17.10(d), “that the question be now put”.  This was carried by general consensus and the meeting then moved to a vote;

(2)  the Worshipful the Mayor, Councillor Paddy Lyne, the Deputy Mayor, Councillor Mary John, Councillors Arnold, Nana Asante, D Ashton, Marilyn Ashton, Camilla Bath, Miss Bednell,  Billson, Blann, Bluston, Branch, Burchell, Mrs Champagnie, Choudhury, Janet Cowan, John Cowan, Currie, Margaret Davine, Dharmarajah, Dighé, Foulds, Gate, Mitzi Green, Ann Groves, Harrison, Harriss, Idaikkadar, Mark Ingram, Ismail, Kara, Mrs Kinnear, Kinsey, Jean Lammiman, Lavignia, Lent, Myra Michael, 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, Bill Stephenson, Thornton, Toms, Versallion, Anne Whitehead and Williams wished to be recorded as having voted in favour of adopting the above Motion].

(i)                   In the tabled documents the Council was notified of a proposed change of the seconder to this Motion, from Councillor C Mote to Councillor Burchell, which was agreed.

(ii)                 Councillor John Cowan moved and Councillor Burchell seconded the Motion at Item 17(2) of the Summons, in the following terms:

“This Council regrets that the Ministry of Defence is contemplating selling RAF Bentley Priory with its historical significance to a property developing company and calls upon the Borough’s two MPs to use all their best endeavours to keep the Priory within public ownership, for the future benefit of the British people.”

(iii)                Following debate, the Motion was adopted with the unanimous approval of Council.

RESOLVED:

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

[Note:  During the course of the debate, Councillor Gate moved at 9.03 pm, under the provisions of Procedure Rule 17.10(d), “that the question be now put”.  This was carried by general consensus and the meeting then moved to a vote].

(i)                   Councillor C Mote moved and Councillor D Ashton seconded the Motion at Item 17(3) of the Summons.

(ii)                 Councillor O’Dell moved and Councillor Idaikkadar seconded the following amendment:

            To insert after the words “calls for”, in the third line, the following additional wording:

“an officer report to be made to the Licensing and General Purposes Committee on the required processes and consultation necessary for”

(iii)                The mover and seconder of the original Motion indicated their willingness to accept the amendment, which was adopted with the consent of the Council.

(iv)                Following debate the substantive Motion, as amended, was agreed as follows:

“This Council notes the success of controlled drinking zones in other London boroughs, in particular Westminster where it has been adopted for the whole borough, and calls for an officer report to be made to the Licensing and General Purposes Committee on the required processes and consultation necessary for the introduction of a controlled drinking zone to cover the whole of Harrow, thereby giving the police power to act against anti-social drinking”.

RESOLVED:

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

[Notes:  (1)  During the course of the debate, Councillor Ann Groves moved at 9.18 pm, under the provisions of Procedure Rule 17.10(d), “that the question be now put”.  This was carried by general consensus and the meeting then moved to a vote;

(2)  Councillors Branch, Kinsey and Thornton wished to be recorded as having voted against adopting the above Motion].

Report of the Chief Executive.

Having received the report of the Chief Executive in the Supplemental Summons, further to Item 18 on the Summons, Council was requested to agree the designation of two Statutory Officers.

RESOLVED:

(1)  THAT IN ORDER TO COMPLY WITH THE REQUIREMENT OF THE CHILDREN ACT 2004, THAT A DIRECTOR OF CHILDREN’S SERVICES AND A DIRECTOR OF ADULT SERVICES BE DESIGNATED;

(2)  TO AUTHORISE THE LEADER OF THE COUNCIL IN CONJUNCTION WITH THE LEADERS OF THE MAIN OPPOSITION PARTIES TO DETERMINE WHICH OFFICERS SHALL BE DESIGNATED TO THESE STATUTORY POSTS;

(3)  THE POSITION OF LEAD MEMBER FOR CHILDREN’S SERVICES BE DETERMINED AT THE ANNUAL MEETING OF THE COUNCIL IN MAY.

Report of the Chief Executive.

Further to Item 19 on the Summons, Council received confirmation of the nominations by  the political groups for Council appointees as Members of Committees and Representatives on an Outside Body.

RESOLVED:

THAT THE APPOINTMENTS BE MADE AS FOLLOWS:

(1)                 Joint Health Overview and Scrutiny Committee On The Redevelopment Of Northwick Park Hospital: Membership

That Councillor Gate replace Councillor Ann Groves as Reserve Member for the Labour Group.

(2)                 Standing Advisory Council for Religious Education:  Council Side Membership

(i)                  That Councillor Mrs Champagnie replace Councillor Janet Cowan as Member for the Conservative Group.

(ii)                 Councillor Janet Cowan replace Councillor Mrs Champagnie as Reserve Member.

(3)                 Outside Body Representation: LGA Rural Commission

That Councillors Blann and Burchell be appointed as representatives for 2005/06.

In accordance with the delegations to Chief Officers, the Leaders of the three political groups on the Council were consulted on and agreed the attached urgent decision on behalf of the Council.

FOR CONFIRMATION 

An urgent decision which was a matter reserved to Council had in accordance with the delegations to Chief Officers been the subject of consultation with the Leaders of the three political groups on the Council and had been agreed on behalf of Council, and was now reported, relating to the Election Administration for the General Election called for 5 May 2005.

RESOLVED:

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

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, it is a requirement to report 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.

Those requirements are met in the attached paper from the Director of Corporate Governance.

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 Meeting received a report at Item 21 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.

The Mayor thanked the members of local Tenant Associations for their attendance at the meeting.