Agenda and minutes

That the minutes of the Council Meeting held on 20 October 2005, having been circulated, be taken as read and signed as a correct record.

[Notes:  (i)  The 20 October 2005 Council minutes have been circulated previously within Volume 5 of the Cabinet and Council Minutes (2005/06);

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

RESOLVED:

THAT THE MINUTES OF THE PREVIOUS COUNCIL MEETING HELD ON 20 OCTOBER 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 [in any part of the Chamber].

[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 2006/07.

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

A Member confirmed an additional individual interest.

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 Mayor stated that the Council’s thoughts were with Mr Kember, a hostage in Iraq, and his family.

On behalf of the Council, the Mayor congratulated Councillor Navin Shah on being nominated an Asian Achiever of the year for Public and Uniform Service by the Asian Voice.

Congratulations were offered to Councillor Clive Harriss following the birth of his daughter.

On behalf of the Council, the Mayor extended best wishes to Councillor Richard Romain following his recent accident.

On behalf of the Council, the Mayor extended condolences to Councillor Adam Lent due to a bereavement in the family.

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

To receive and consider any procedural motions by Members of the Council under the relevant Council Procedure Rules in relation to the conduct of the business at this Council Meeting.

Budget Debate: Partial Suspension of Council Rules

It is understood that the Group Leaders will propose a procedural motion (to be moved and seconded) for the Council to agree a partial suspension of the relevant Council Procedure Rules (as has been the practice in recent years at the Council Tax Meeting) relating to the moving of a Recommendation from the Executive and the Rules of debate (including allowing extended time for opening speeches by all three Groups) as set out in a tabled note for Council, to apply for the purposes of the Revenue Budget debate (only) at Item 7 of this Council Summons.

FOR CONSIDERATION

[Note: Notice of any other procedural motions, received after the issuing of this Summons, will be tabled].

The Leader of the Labour Group, Councillor N Shah, moved and the Leader of the Conservative Group, Councillor C Mote, seconded a procedural motion under the general provisions of Rule 26.1 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 SPEECHES BY ALL THREE GROUPS) 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:

(1)            Submitted by Councillor Anjana Patel, containing 40 signatures of local residents, requiring that relevant bodies investigate suspicious activities in an area of West Harrow which petition stood referred to the Executive.

[Notes: (i) The petition stood referred to the Executive;

(ii) the petition had also been submitted to other organisations].

(2)            Submitted by Councillor Mrs L Champagnie, containing 352 signatures of local residents, requesting the Council to extend the CCTV surveillance to include West House, Pinner Memorial Park, Pinner.

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

(3)            Submitted by Councillor Mrs E M Kinnear, containing 23 signatures of Councillors and local residents as follows:

“Given that the fear for personal safety can often be a major factor in people choosing not to use public transport at unsocial hours, this Council welcomes the announcement by Chiltern Railways that it intends to staff certain stations until the last train has run and hopes that other operators will do likewise”.

[Note:  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.

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

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

At item 7 on the Summons, the Council received Recommendation I of the Cabinet meeting of 16 February 2006 in this matter.

The Mayor referred to an amendment tabled by the Labour Group and ensured that all Councillors and members of the public had received a copy.  No other amendments had been received or tabled.

Further to the decision outlined at Resolution 372 above, the Mayor moved Recommendation I for the purposes of opening the debate.  (No precedent was intended by this arrangement for this occasion).

The Mayor proceeded to make a statement.  She declared that the position of the Mayor was non-political and that, in the event of the vote being tied, she would exercise her casting vote.  The Mayor stated that to delay a decision on the setting of the Council Tax would be costly and that she would be voting to ensure that a lawful Council Tax was set.

The Recommendation and the amendment were debated jointly.

(i)            Councillor N Shah moved and Councillor Dighé seconded an amendment including specific proposals for the Authority’s budget for 2006/07 and a revised model Council Tax resolution on the basis of these proposals, which would result in a Council Tax increase of 2.49%.

(ii)            Following a full debate, the amendment was voted upon, and was carried.

(iii)        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 2006/07 Revenue Budget be approved to enable the Council Tax for 2006/07 to be set;

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

At 10.30 pm, during the debate on Item 7, the Mayor moved a procedural motion under the provisions of Rule 10.2(ii) that the closure of time for the Council meeting be extended by 45 minutes from 10.30 pm to 11.15 pm to allow the debate on the Item to continue and the remaining business on the Summons to be concluded.

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 11.15 PM.

Further to Item 8 on the Summons, the Council received Recommendation II from the Cabinet meeting of 16 February 2006 in this matter.

The Recommendation was adopted as printed.

RESOLVED:

THAT (1)  THE TREASURY MANAGEMENT STRATEGY FOR 2006/07 BE APPROVED (as set out in paragraphs 1-16 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 to the report of the Director of Financial and Business Strategy submitted to the Cabinet meeting);

(3)  THE PRUDENTIAL INDICATORS FOR 2007-08 TO 2008-09 BE APPROVED (as set out in paragraphs 17-38 of the report of the Director of Financial and Business Strategy submitted to the Cabinet meeting).

Further to Item 9 on the Summons, the Council received Recommendation I from the Cabinet meeting held on 12 January 2006 in this matter.

The Recommendation was adopted as printed.

RESOLVED:

THAT (1)  THE RESIDUAL DUTIES OF THE BEST VALUE ADVISORY PANEL BE TRANSFERRED TO THE OVERVIEW AND SCRUTINY COMMITTEE AND ITS SUB-COMMITTEES;

(2)  THE APPROPRIATE AMENDMENTS BE MADE TO THE COUNCIL’S CONSTITUTION.

Further to Item 10 on the Summons, the Council received Recommendation I from the Standards Committee meeting held on 6 December 2005 in this matter.

The Recommendation was adopted as printed.

RESOLVED:

THAT FOUR INDEPENDENT MEMBERS BE APPOINTED TO THE STANDARDS COMMITTEE.

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 11 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 were answered orally with the exception of question (5) (see Notes below).

[Notes: (i) In respect of question (1) above, the Health and Social Care Portfolio Holder undertook to place the response received from the Strategic Health Authority in the public domain;

(ii)  in accordance with Council Procedure Rule 13.4, it was agreed that the relevant Portfolio Holders would additionally provide a written answer to questions (2) and (3) above;

(iii)  under the provisions of Council Procedure Rule 13.5, the Members submitting questions (1) to (4) above each asked a supplementary question which was also answered orally, with the exception of the supplementary question in respect of question (3), to which the Leader of the Council undertook to provide a written response;

(iv)  the time allowed under Procedure Rule 13.2 expired and the fifth notified question could not be asked at Council.  It was noted that a written response would be provided].

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)               Grants Funding 2006/07

To be moved by Councillor Joyce Nickolay and seconded by Councillor Marilyn Ashton:

“This Council

1.                 Agrees to overturn the decision made in December 2005 and again in January 2006 by the Grants Panel, with the casting vote of Chair, not to fund late applications, irrespective of any mitigation, and that the following organisations will now receive their recommended funding from the grants budget for 2006/7 to enable them to continue their excellent work which is so critical to the people of Harrow:

2.                 That the additional round of applications for funding for 2006/7 will be cancelled with immediate effect."

[Note: Under the provisions of Council Procedure Rule 15.6 it is considered that the subject matter of this Motion refers to matters within the powers of the Executive and should stand referred to the next meeting of the Cabinet.

It may be moved that such referral should not apply and any procedural motion moved and seconded to that effect shall be voted on without discussion.]

FOR CONSIDERATION

(2)               Attendance at Meetings of the Authority (Section 85 (1) of the LGA 1972):  Request for an Extension of Approved Absence on behalf of Councillor Romain

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

“In the eventuality that Councillor Romain were unable to be in attendance on February 23^rd that this Council approves under the provisions of Section 85(1) of the Local Government Act 1972 an extension of time beyond the statutory six months during which Councillor Romain may remain absent from meetings of the Authority and retain his elected office, by reason of the personal injury accident which he has suffered and which precludes him from reasonably attending Council meetings at the Civic Centre or elsewhere for the time being, and that extension of time shall run until the 8^th of May 2006, and if re?elected until 1 June 2006 inclusive.”

FOR CONSIDERATION

In acknowledging the mover and seconder of the Motion appearing at Item 12(1) of the Summons, the Leader of the Conservative Group, Councillor C Mote, following legal advice, sought leave of Council to withdraw the Motion pending the March 2006 meeting of the Grants Advisory Panel.

RESOLVED:

THAT THE MOTION SET OUT AT ITEM 12(1) OF THE SUMMONS IN THE NAMES OF COUNCILLORS MRS JOYCE NICKOLAY AND MARILYN ASHTON BE WITHDRAWN FROM CONSIDERATION WITH THE CONSENT OF COUNCIL.

(i)            Councillor C Mote moved and Councillor D Ashton seconded the following Motion appearing at Item 12(2) of the Summons:

“In the eventuality that Councillor Romain were unable to be in attendance on February 23 that this Council approves under the provisions of Section 85(1) of the Local Government Act 1972 an extension of time beyond the statutory six months during which Councillor Romain may remain absent from meetings of the Authority and retain his elected office, by reason of the personal injury accident which he had suffered and which precludes him from reasonably attending Council meetings at the Civic Centre or elsewhere for the time being, and that extension of time shall run until the 8 of may 2006, and if re-elected until 1 June 2006 inclusive”.

(ii)         The Motion was carried by general assent.

RESOLVED:  

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

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 as set out in Part 4 of the Constitution, the Meeting received a report at Item 13 of the Summons regarding decisions taken as a matter of urgency by Portfolio Holders, the Leader of the Council and the Cabinet.

RESOLVED:

THAT THE URGENT DECISIONS TAKEN BY PORTFOLIO HOLDERS, THE LEADER OF THE COUNCIL AND THE CABINET, AS NOW REPORTED, BE NOTED.

The Chief Executive, in consultation with the Group Leaders, has exercised the delegated authority granted by Resolution 34 (2) (28.5.02), to effect an in?year amendment to an outside body appointment.

Following the resignation by Councillor Romain of his appointment to the West London Waste Authority, Councillor Mrs Kinnear has been appointed as the Council’s replacement representative for the remainder of the Municipal Year 2005/06 and with effect from the WLWA’s meeting on 1 February 2006.

FOR INFORMATION

An urgent decision on a matter reserved to Council which had, in accordance with the delegated authority granted by Resolution 34(2) (28.5.02) to effect an in-year amendment to an outside body appointment, been the subject of consultations with the Leaders of the three political groups on the Council and had been agreed on behalf of the Council, was now reported.

RESOLVED:

THAT THE DECISION TAKEN UNDER DELEGATED AUTHORITY ON BEHALF OF COUNCIL AS NOW REPORTED BE NOTED.