Agenda and minutes

That the minutes of the Council Meeting held on 23 February 2006, having been circulated, be taken as read and signed as a correct record.

[Notes:  (i) The 23 February 2006 Council minutes have been circulated previously within Volume 9 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 COUNCIL TAX MEETING HELD ON 23 FEBRUARY 2006, 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].

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].

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 PAST MAYORS, SINCE THE PREVIOUS COUNCIL MEETING.

The Mayor referred to the release of Norman Kember, who had been held hostage in Iraq, and confirmed that he had returned home safely.

RESOLVED:

THAT ON BEHALF OF THE COUNCIL, A LETTER BE SENT TO MR KEMBER AND HIS FAMILY WELCOMING HIM HOME AND EXPRESSING RELIEF AT HIS SAFE RETURN.

On behalf of the Council, the Mayor offered congratulations to two Harrow residents who had competed in and brought back medals from the 2006 Commonwealth Games in Australia. Laura Turner had won a silver medal for the 4x100m relay, and Dean Macey a gold medal for the men’s decathlon.

RESOLVED:

THAT THE MAYOR WRITE TO LAURA TURNER AND DEAN MACEY CONGRATULATING THEM ON THEIR VICTORIES AT THE COMMONWEALTH GAMES.

The Mayor wished Jo Portillo, who was absent from this meeting due to illness, a speedy recovery and regretted that Members would not have the opportunity to bid him farewell before the Elections. On behalf of all Members, the Mayor thanked Jo for all his help and support over the years and requested that this be placed on record. It was unanimously

RESOLVED:

THAT ON BEHALF OF THE COUNCIL, THE MAYOR WRITE TO JO PORTILLO THANKING HIM FOR HIS HELP AND SUPPORT AND WISHING HIM A SPEEDY RECOVERY.

On behalf of the Council, the Mayor welcomed Councillor Romain to the meeting following his enforced absence from recent meetings due to illness.

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].

The Leader of the Council, Councillor N 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 Items 14 (Honorary Aldermen) and 16 (Tributes to Retiring Members) on the Summons immediately after Item 6 (Public Questions).

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 14 AND 16 IMMEDIATELY AFTER ITEM 6.

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.

Notice has been received of a Petition relating to the Harrow War Memorial to be submitted by Mr J Lawrence.

(1)        The following petitions were submitted by Members of Council:-  

(i)         By Councillor John Nickolay, containing 2,300 signatures requesting that the Council allow one hour’s free parking in the Pinner car parks, as in North Harrow and neighbouring boroughs, and bring charges into line with those elsewhere in the Borough, to stimulate business and benefit shoppers, parents, residents and visitors to Pinner.

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

(ii)         By Councillor Myra Michael, containing 53 signatures from the tenants, leaseholders and residents of Jubilee Close, James Bedford Close and users of Montesole Park, Pinner, requesting that the Council sort out the Grimsdyke Ditch or brook that acts as a boundary between Jubilee Close, James Bedford Close and Montesole Park, which is heavily polluted.

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

(2)        The following petition was submitted by a member of the public:-.

(i)         By Mr J Lawrence, containing 5,000 signatures, requesting that the names of those killed at war be placed on the War Memorial outside the Civic Centre.

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

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

[Note: In the absence of the questioner, the Mayor ruled that the question not be put].

Report of the Chief Executive.

(i)         At item 14 on the Summons, the Council received a report from the Chief Executive, which invited Members to bestow the honour of Honorary Alderman on Councillor Keith Toms upon his retirement from the Council as at 8 May 2006.

(ii)         The Leader of the Council, Councillor N Shah, paid tribute to Councillor Toms’ long service to the Authority.  Expressions of appreciation were also offered by Councillors C Mote and Branch, and a number of other Members.

(iii)            Councillor N Shah moved and Councillor C Mote seconded an amendment to the Recommendation set out in the report, which was agreed.

(iv)        The substantive Recommendation as amended was adopted by Council in the following form:-

RESOLVED:

THAT A SPECIAL COUNCIL MEETING BE CONVENED AT 7.30PM ON 31 MAY 2006 TO BESTOW THE HONOUR OF HONORARY ALDERMAN ON COUNCILLOR TOMS UPON HIS RETIREMENT FROM THE COUNCIL ON 8 MAY 2006.

[Note: Councillors Arnold, Nana Asante, D Ashton, Marilyn Ashton, Mrs 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, Mary John, Mrs Kinnear, Knowles, Jean Lammiman, Lavingia, Paddy Lyne, 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, Thammaiah, Toms, Versallion, Anne Whitehead and Williams wished to be recorded as having voted in favour of the Resolution above].

This being the final Council Meeting of the Municipal Year, it is traditional to recognise and pay tribute to the service of those Councillors who are not contesting the forthcoming Borough Elections on 4 May and will accordingly be retiring at the end of the life of the current Council.

A list of Members who are retiring is attached.

On the occasion of the last Council meeting prior to the Borough Elections on 4 May 2006, the Leader of the Council, Councillor N Shah, referred to the fourteen Members of Council who would not be standing for re-election and paid tribute to their service.  Those Members were:-

Expressions of appreciation were also offered by the Leader of the Conservative Group, Councillor C Mote, the Deputy Leader of the Council, Councillor Dighe, and a number of other Members.  Additionally, in anticipation of such an occurrence, tributes were paid to current Members who might not secure re-election.

A number of retiring Members expressed their thanks to Members and officers.

Further to Item 7 on the Summons, the Council received Recommendation I of the Cabinet meeting of 16 March 2006 in this matter.

The Recommendation was adopted as printed.

RESOLVED:

THAT THE CHILDREN AND YOUNG PEOPLE’S THREE YEAR PLAN 2006-09 BE APPROVED.

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

The Recommendation was adopted as printed.

RESOLVED:

THAT THE FINAL TRANSPORT LOCAL IMPLEMENTATION PLAN BE APPROVED.

To receive the Recommendations of the Constitution Review Working Group meeting held on 5 April 2006.

(i)         Further to Item 9 on the Summons, the Council received the Recommendations arising from the Constitution Review Working Group meeting of 5 April 2006 in this matter.

(ii)            Councillor Dighe moved, and Councillor Idaikkadar seconded, an amendment to paragraph 10 of the proposed Protocol on Confidentiality of Part II Reports (Part 5H of the Constitution) in the following terms:-

“Amend the first line of paragraph 10 by deleting the word “investigated” and replace with “considered”.”

This received the general assent of Council.

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

RESOLVED:

THAT (1) THE PROPOSED CHANGES TO THE AUTHORITY’S CONSTITUTION AS NOW ENDORSED BY THE CONSTITUTION REVIEW WORKING GROUP AND DETAILED IN THE REPORT OF THE WORKING GROUP BE APPROVED, SUBJECT TO THE AMENDMENT SET OUT AT (ii) ABOVE IN RESPECT OF THE PROTOCOL ON CONFIDENTIALITY OF PART II REPORTS;

(2) THE CONSEQUENT TEXTUAL AND ADMINISTRATIVE AMENDMENTS DE DELEGATED TO THE CHIEF EXECUTIVE TO IMPLEMENT.

Further to Item 10 on the Summons, the Council received Recommendation I of the Standards Committee meeting of 17 November 2006 in this matter.

The Recommendation was adopted as printed.

RESOLVED:

THAT THE CODE OF CONDUCT BE AMENDED UNDER SECTION 5A, CODES AND PROTOCOLS, RULE 11.1 DISCLOSURE OF PERSONAL INTERESTS, TO THE FOLLOWING:

“FOR AVOIDANCE OF DOUBT A MEMBER WITH A PERSONAL (BUT NOT PREJUDICIAL) INTEREST WHO OBSERVES A MEETING FROM THE PUBLIC GALLERY OR ANY PART OF THE ROOM OR CHAMBER, BUT DOES NOT ADDRESS THE MEETING OR TAKE PART IN THE DISCUSSION IS NEVERTHELESS DEEMED TO BE ATTENDING THE MEETING AND SO IS REQUIRED TO DECLARE THE INTEREST”.

Further to Item 11 on the Summons, the Council received Recommendation I of the Standards Committee meeting of 27 March 2006 in this matter.

The Recommendation was adopted as printed.

RESOLVED:

THAT (1) TRAINING IN THE CODE OF CONDUCT BE MANDATORY;

(2)  TRAINING FOR MEMBERSHIP OF THE PERSONNEL APPEALS PANEL, SOCIAL SERVICES APPEALS PANEL AND THE CHIEF OFFICERS’ EMPLOYMENT PANEL BE MANDATORY;

(3)  ALL MEMBERS OF APPROPRIATE BODIES BE REQUIRED TO UNDERTAKE TRAINING REGARDLESS OF EXPERIENCE, SUBJECT TO (8) BELOW;

(4)  A BRIEF INITIAL TRAINING SESSION BE PROVIDED PRIOR TO ANY INAUGURAL MEETING AND THAT THIS BE FOLLOWED UP BY A FULL TRAINING SESSION TO BE HELD BEFORE 30 SEPTEMBER 2006, SUBJECT TO THE AVAILABILITY OF STAFF;

(5)  TRAINING SHOULD, WHERE POSSIBLE, BE OFFERED AT THREE OR FOUR SESSIONS ON AT LEAST TWO DIFFERENT DAYS; 

(6)  MEMBERS BE ASKED TO CONSIDER WHETHER TRAINING SHOULD BE PROVIDED BY THE BEST AVAILABLE MEANS, WHETHER THIS BE EXTERNAL PROVIDERS OR OFFICERS OF THE COUNCIL;

(7)  A RECORD, OPEN TO INSPECTION BY ALL MEMBERS, BE KEPT OF THE ATTENDANCE AT ALL TRAINING SESSIONS;

(8)  SUBJECT TO THE AGREEMENT OF THE CHAIR OF THE STANDARDS COMMITTEE, SPECIAL ARRANGEMENTS FOR AN OFFICER BRIEFING BE MADE WHERE A MEMBER, IN EXCEPTIONAL CIRCUMSTANCES, IS UNABLE TO ATTEND ANY OF THE TRAINING SESSIONS; DURING THE PROCESS GROUP LEADERS AND WHIPS BE KEPT INFORMED, THE CHAIR OF THE STANDARDS COMMITTEE AGREE ANY SPECIAL ARRANGEMENTS MADE AND A NOTE BE MADE IN THE REGISTER OF ATTENDANCE THAT SUCH ARRANGEMENTS WERE MADE;

(9)  IF IT BE CONSIDERED DURING THE LIFE OF THE COUNCIL THAT FURTHER UPDATED MANDATORY TRAINING IS NEEDED, THEN THE STANDARDS COMMITTEE HAVE THE POWER TO IMPOSE SUCH A REQUIREMENT;

(10)  ALL TRAINING SESSIONS SHOULD, WHEREVER POSSIBLE, BE OPEN TO ATTENDANCE BY ANY COUNCILLOR, WHETHER OR NOT THE COUNCILLOR IS A MEMBER OF THE RELEVANT COMMITTEE;

(11)  AN OUTLINE TRAINING PROGRAMME BE PREPARED, THIS PROGRAMME SHOULD BE AGREED BY THE MEMBER DEVELOPMENT PANEL AND THEN RECOMMENDED TO THE STANDARDS COMMITTEE.

Further to Item 11 on the Summons, the Council received Recommendation I of the Overview and Scrutiny Committee meeting of 27 March 2006 in this matter.

The Recommendation was adopted as printed.

RESOLVED:

THAT THE COMMITTEE’S ANNUAL REPORT FOR 2005/06 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 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.

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

Further to Item 13 on the Summons, the following three 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. 

[Note: As the Members of Council who had submitted the questions were not present in the Council Chamber when this item was reached, the Mayor indicated that the relevant Portfolio Holders should provide written responses to the questions above].

In accordance with Overview and Scrutiny Procedure Rule 23.6 and Access to Information Rule 17.3, as set out in Part 4 of the Constitution, it is a requirement to report on urgent decisions taken by Portfolio Holders, the Leader and the Cabinet, and on decisions taken by Cabinet under the special urgency procedure, 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 15 of the Summons regarding decisions taken as a matter of urgency by Portfolio Holders, the Leader of the Council and the Cabinet.

RESOLVED:

THAT (1) THE URGENT DECISIONS TAKEN BY PORTFOLIO HOLDERS AND THE LEADER OF THE COUNCIL, AS NOW REPORTED, BE NOTED;

(2) IT BE NOTED THAT THE USE OF THE URGENCY PROCEDURE HAD NOT BEEN EXERCISED IN RELATION TO REPORTS TO CABINET SINCE 23 FEBRUARY 2006.

Upon the occasion of his last Council meeting, Councillor Keith Toms paid tribute to other Members, and thanked all Members of Council for their friendship and support.

The Mayor also paid tribute to the retiring Members, and extended her best wishes to them all.