Agenda and minutes

Council - Thursday 19 October 2006 7.30 pm

Venue: Council Chamber Harrow Civic Centre

Contact: Jo Portillo, Senior Professional, Corporate Governance and Democratic Standards  Tel: 020 8424 1284 E-mail:  jo.portillo@harrow.gov.uk

Items
No. Item

59.

CYRIL ELLEMENT

Minutes:

Following Prayers, the Mayor requested Council to remain standing and to observe a minute’s silence in memory of Cyril Ellement, a former Councillor between 1961 and 1971, who had died on 7 October 2006.

60.

DECLARATIONS OF INTEREST

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].

Minutes:

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

61.

COUNCIL MINUTES

That the minutes of the Ordinary Meeting held on 13 July 2006 be taken as read and signed as a correct record.

 

[Note:  The 13 July Council minutes are published on the Council’s Intranet].

Minutes:

RESOLVED:

 

THAT THE MINUTES OF THE PREVIOUS COUNCIL MEETING HELD ON 13 JULY 2006 BE TAKEN AS READ AND SIGNED AS A CORRECT RECORD.

62.

BY-ELECTION: HARROW WEALD WARD (AND MATTERS ARISING)

The Director of Corporate Governance formally reports the result of the By?Election held for the Harrow Weald Ward on 24 August 2006 to fill a casual vacancy.

 

Mr Paul Scott was duly elected as a Borough Councillor, representing the Liberal Democrat Party, to hold office until May 2010.

 

It is confirmed that Councillor Scott has duly signed the Declaration of Acceptance of Office.

 

Notice was then given under Regulation 8 (Local Government (Committees and Political Groups) Regulations 1990) of Councillors Noyce and Scott having formed a Liberal Democrat Group on the Council, of which Councillor Noyce is the Leader.

 

Under the Regulations the service of a Regulation 8 Notice required that a Determination be undertaken as to the proportional entitlement of the (three) political Groups on the Council to seats on the Committees.  The Determination confirmed the entitlement of the Liberal Democrat Group to one seat, which was no change on the Committee memberships currently established by the Council.  All Members of Council were advised of this outcome by letter dated 1 September 2006.

 

FOR INFORMATION

Minutes:

(1)                 Council formally noted the Director of Corporate Governance’s report of the result of the By-Election held for the Harrow Weald Ward on 24 August 2006 to fill a casual vacancy.

 

Mr Paul Scott was elected as the representative of the Liberal Democrat Party, to hold office until May 2010.

 

The Mayor welcomed Councillor Scott to his first Council Meeting.

 

(2)                 It was noted that consequent on Councillor Scott’s election, Notice had been given under Regulation 8 (Local Government (Committees and Political Groups) Regulations 1990) of Councillors Noyce and Scott having formed a Liberal Democrat Group on the Council.

 

A Determination as to the proportional entitlement of the political Groups to seats on Committees had been undertaken and advised to all Members of Council by letter dated 1 September 2006.  

63.

MAYOR'S ANNOUNCEMENTS

To receive any announcements from the Mayor.

 

[Note:  Information as to recent Mayoral engagements will be tabled].

Minutes:

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 BY THE HONORARY ALDERMAN, SINCE THE LAST COUNCIL.

64.

PROCEDURAL MOTION

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].

Minutes:

Councillor Navin Shah moved and Councillor Bill Stephenson seconded a procedural motion under the provisions of Council Rule 15.2 seeking the admission of an Urgent Motion, regarding Civic Centre refurbishment expenditure, to the business for consideration at this meeting.

 

The Leader of the Council advised that the stated grounds of urgency did not justify allowing the Urgent Motion to be debated at this meeting.

 

Upon a vote, the procedural motion was not agreed, and the Urgent Motion was not accepted for consideration.

 

RESOLVED:

 

THAT THE PROCEDURAL MOTION UNDER RULE 15.2, FOR THE ADMISSION OF AN ADDITIONAL MOTION AT ITEM 14, BE NOT AGREED.

65.

PETITIONS

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.

Minutes:

The following petitions were submitted by Members of Council:

 

(1)                 Submitted by Councillor Archie Foulds, containing over 1,000 signatures of persons opposed to the closure of the Harrow Young Persons’ Centre, threatened to take place from the beginning of November 2006, and seeking that this valuable and successful organisation should be saved.

 

[The petition stood referred to the Cabinet].

 

(2)                 Submitted by Councillor Mrs Lurline Champagnie, containing 7 signatures of residents of The Dell, Pinner, requesting the Council to take measures to make the footpath that runs from Waxwell Lane to Elm Park Road a safe thoroughfare and suitable means of access to private housing.

 

[The petition stood referred to the Licensing and General Purposes Committee].

 

(3)                 Submitted by Councillor Mrs Margaret Davine, containing some 126 signatures of residents in the locality of the William Ellis Playing Fields, Camrose Avenue, Edgware, requesting the Council not to proceed with a planning application proposing the building of a School or any other development on those Playing Fields.

 

[The petition stood referred to the Strategic Planning Committee].

66.

PUBLIC QUESTIONS

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 Chairmen 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].

Minutes:

(i)                   Further to Item 7 on the Summons, the Leader of the Labour Group, Councillor Navin Shah sought that the Council allow a representative of residents present in the public gallery to ask a public question regarding the development applications proposed for the William Ellis Playing Fields, Edgware.

 

The Mayor advised that the Council Rules on public questions did not provide for a question which had not complied with the requirements for due notice.

 

(ii)                 The Leader of the Conservative Group, Councillor Chris Mote, proposed to Council that, as there were 6 public questions for which due notice had been given, the 15 minutes provided for Item 7 in Council Rule 12 be extended to allow all those questions to be asked and answered at this meeting.

 

This proposal received the general assent of the Council.

 

(iii)                The following 6 questions submitted by members of the public, in accordance with Rule 12.3 were received and answered:-

 

QUESTION BY

 

QUESTION OF

TEXT OF QUESTION

(1)  Mr A Dutta

Portfolio Holder for People First

(Councillor Janet Mote)

“There are deep concerns within the voluntary organisations in Harrow about proposals made in Your Views Matter – the consultation document.

 

 

 

The voluntary organisations are concerned about severe effects they would have on service users and carers of the proposed increases in home care charges.  The voluntary organisations are also concerned about the effect they would have on vulnerable people on the proposed merger of Anmer Lodge Day Care Centre and Milmans Resource Centre.

 

 

 

What steps are being taken by the Council and the Harrow Strategic Partnership including the Harrow Primary Care Trust to ensure that the elderly, frail and disabled people in Harrow are not harmed in any way?

 

Could the Council also ensure that the voluntary organisations in Harrow would not suffer as a result of the cuts already made.”

 

(2)  Mr H Bluston

Portfolio Holder for Issues Facing Older People

(Councillor Miss Christine Bednell)

“The proposals for the Meals on Wheels service currently out for consultation state that there should be a uniform subsidy for each meal.  Would Cllr Bednell not agree that this will mean that hot Asian meals and hot Kosher meals will cost more than hot standard meals, unlike the fair, subsidised charging system operating currently, and would she not agree that this is completely discriminatory and will create divisions within, culturally diverse, service users?”

 

(3)  Mr J Elliot

      (Note:  Council allowed this Question to be asked by Mr Blake on behalf of Mr Elliot).

Portfolio Holder for People First

(Councillor Janet Mote)

“It is clear from reports in and letters to the local press that many of Harrow’s care service users, and their carers are upset and frightened by the proposals for the enormous increases in home care charges, that are explained in the current consultation document.

 

How do you expect our older and vulnerable residents to pay these increases, which include payment of 100% of their residual income?”

 

(4)  Mrs J Galbraith

Portfolio Holder for Property, Housing,  ...  view the full minutes text for item 66.

67.

RECONFIGURATION OF SCRUTINY SUB COMMITTEES pdf icon PDF 25 KB

RECOMMENDATION I:

OVERVIEW AND SCRUTINY COMMITTEE

(18 JULY 2006)

 

Council is additionally requested to endorse the revised Scrutiny Sub Committee Terms of Reference arising from the main Recommendation purposes, as now attached.

Additional documents:

Minutes:

Further to Item 8 on the Summons, the Council received Recommendation I of the Overview and Scrutiny Committee meeting of 18 July 2006, in this matter.

 

RESOLVED:

 

THAT THE ABOVE RECOMMENDATION BE ADOPTED AS PRINTED, INCLUDING ENDORSEMENT OF THE REVISED SCRUTINY SUB?COMMITTEE TERMS OF REFERENCE.

68.

SCRUTINY DISCUSSION FORUM pdf icon PDF 24 KB

To receive the following Recommendation arising from the Overview and Scrutiny Committee Meeting of 10 October 2006:-

 

 

 

RECOMMENDATION I:

Scrutiny Discussion Forum

 

[Note:  This Recommendation will be circulated in a Supplemental Summons].

Additional documents:

Minutes:

Further to Item 9 on the Summons and the enclosure with the Supplemental Summons, the Council received Recommendation I of the Overview and Scrutiny Committee meeting of 10 October 2006, in this matter.

 

RESOLVED:

 

THAT THE ABOVE RECOMMENDATION BE ADOPTED AS PRINTED.

69.

FINANCIAL REGULATIONS AND CONTRACT PROCEDURE RULES pdf icon PDF 16 KB

RECOMMENDATION I:

CABINET (3 AUGUST 2006)

Additional documents:

Minutes:

Further to Item 10 on the Summons, the Council received Recommendation I of the Cabinet meeting of 3 August 2006, in this matter.

 

RESOLVED:

 

THAT THE ABOVE RECOMMENDATION BE ADOPTED AS PRINTED.

70.

PROTOCOL FOR CO-OPTEES AND ADVISERS pdf icon PDF 15 KB

RECOMMENDATION I:

STANDARDS COMMITTEE

(19 SEPTEMBER 2006)

 

Additional documents:

Minutes:

Further to Item 11 on the Summons, the Council received Recommendation I of the Standards Committee meeting of 19 September 2006, in this matter.

 

RESOLVED:

 

THAT THE ABOVE RECOMMENDATION BE ADOPTED AS PRINTED.

71.

REPORT OF THE CONSTITUTION REVIEW WORKING GROUP: RECOMMENDED CONSTITUTIONAL CHANGES pdf icon PDF 18 KB

A report arising from the informal Constitution Review Working Group is attached.

 

FOR CONSIDERATION

Additional documents:

Minutes:

Further to Item 12 on the Summons, the Council received a report of the Constitution Review Working Group meeting held on 3 October 2006, wherein eleven Recommendations were submitted proposing changes to the Authority’s Constitution, most of these being minor administrative clarifications and corrections to Rule provisions.

 

·                     Article 4 and Budget and Policy Procedure Rules:  List of Plans and Strategies

 

·                     Article 7:  Special Provision to Take Urgent Action in an Election Year

 

·                     Meetings of the Executive (Cabinet):  Provision for Questions by Members

 

·                     Meetings of the Executive (Cabinet):  Provisions Governing Special Meetings

 

·                     Officer Delegations:  Non Executive Decision Procedure – Urgent Action on Behalf of the Council and Committees of the Council

 

·                     Power to Respond to External Consultations:  Executive Terms of Reference and Delegations of Duties to the Cabinet, etc and Officer Delegations

 

·                     Business to be Conducted at a Call-In Sub-Committee

 

·                     Advisory and Consultative Procedure Rules:  Power to Appoint Co?Optees and Advisers

 

·                     Officer Delegations:  Chief Executive – Individual Delegations

 

·                     Roll Calls [Voting]

 

·                     Roles of the Leader and Chief Executive (Head of Paid Service):  High Ethical Standards.  

 

RESOLVED:

 

THAT THE ABOVE RECOMMENDATIONS BE ADOPTED AS PRINTED.

72.

QUESTIONS WITH NOTICE (Council Procedure Rule 13)

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 Chairman 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 Chairman to whom the question is to be put has been obtained and the content has been advised to the (Acting) Chief Executive by 12.00 noon on the day of the Council Meeting.

 

(Confirmation of any such questions will be tabled).

Minutes:

Further to Item 13 on the Summons, the following six questions had been submitted by Members of Council, notice of which had duly been given under the provisions of Council Procedure Rule 13.2, and all of which were answered orally.

 

QUESTION BY

 

QUESTION OF

TEXT OF QUESTION

(1)  Councillor B E Gate

The Leader of the Council

(Councillor Chris Mote)

“Ward Councillors have not been consulted on critical projects/issues such as de-listing or the Vaughan Centre, proposals for the Prince Edwards Playing Fields, proposals for the William Ellis Playing Fields and Byron Recreation Ground to name a few.  Does this mean that it is this Council’s new policy not to consult Shadow-Portfolio holders or engage Local Ward Councillor’s or even major issues concerning their own areas and residents?”

 

(2)  Councillor Ms Nana Asante

Portfolio Holder for Business Development

(Councillor David Ashton)

It was hugely disappointing that you were not able to attend the Call-In Committee meeting in August as you were 'on a vacation' and could not find a single portfolio holder to attend this vital committee meeting.  It was even worse that you were unable to come to the Overview & Scrutiny meeting on 10th October as you were again on another 'vacation'.  You appear to be deliberating dodging questions from Scrutiny Committee. Don't you or your Party have even remotest sense of responsibility?”

 

(3)  Councillor Bill Stephenson

Portfolio Holder for Urban Living – Public Realm

(Councillor Mrs Kinnear)

At the recent open Cabinet meeting the Leader of the Council stated that no decision had been taken about the proposal to cease locking parks subject to consultations taking place.  Can Cllr Kinnear give us the precise details and nature of these proposed consultations indicating, in particular, the timescale and how local residents, the police, park users groups and other stakeholders can ensure that their views are heard.  Can she further indicate how these views will be analysed and published before a decision on this matter is taken?”

 

(4)  Councillor Bill Stephenson

Portfolio Holder for Property, Housing, Planning (Development) and Planning (Strategic)

(Councillor Marilyn Ashton)

Is Cllr Ashton aware of the concern of local residents and residents' associations about the current state and misuse of Hall's Farm/Pinner Park Farm site on the Green Belt.  Will she give a categorical assurance that the Council will rigorously enforce the tenancy agreement which it has for this property and indicate what plans there are for its future development in the light of the various plans which the Council has adopted on the Green Belt, open spaces, sports and recreation?”

 

(5)  Councillor Archie Foulds

Portfolio Holder for Issues Facing Young People

(Councillor Paul Osborn)

 

Given the lack of information following the cancellation of the Publications Panel, what changes are being made and are planned for the Council's Communications Department?”

 

(6)  Councillor Mrs Margaret Davine

Portfolio Holder for People First

(Councillor Janet Mote)

Can the Portfolio Holder please confirm whether or not the Council’s Fair Access to Care Criteria  ...  view the full minutes text for item 72.

73.

MOTION AT ITEM 14(1): PROPOSED ENHANCED POWERS FOR THE MAYOR OF LONDON pdf icon PDF 18 KB

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)               Proposed Enhanced Powers for the Mayor of London

 

To be moved by Councillor Chris Mote and seconded by Councillor Marilyn Ashton:-

 

“This Council believes that the Government’s proposals to grant the Mayor of London greater powers will undermine the authority of London’s boroughs and damage local democracy in London by taking decision-making away from local communities and their locally-elected representatives.

 

This Council further believes that the Government’s proposals giving the Mayor greater powers over planning and housing will erode the role of boroughs’ planning and development control committees in making decisions about what is built locally, will reduce the extent to which local people can influence what is built in their own neighbourhoods, and will see planning decisions imposed on communities by the Mayor of London.

 

This Council resolves to:

 

(a)               make representations about its concerns and opposition to the Government’s proposal to grant further powers to the Mayor in the formal consultation process;

 

(b)               write to the local MPs and GLA member to ask them to raise these concerns in Parliament and at the London Assembly; and

 

(c)               work with the other London Boroughs through the ALG in lobbying against these proposals.”

 

(2)               Protection of Locally Listed Buildings

 

To be moved by Councillor Brian Gate and seconded by Councillor Navin Shah:-

 

“Consistent with the resolution passed unanimously by Council on 20th January 2005 on the protection of Locally Listed Buildings, Council resolves to reinstate the status of Vaughan Centre as a Locally Listed Building and, in so doing, reaffirms the Council’s genuine commitment to the preservation of buildings of an architectural or historic nature.

 

Emphasizing their importance, Council further resolves not to remove any buildings from the current list of Locally Listed Buildings.”

 

(3)               Cuts in Social Care Services

 

To be moved by Councillor Margaret Davine and seconded by Councillor Bill Stephenson:-

 

“The current administration’s declared wish “to become a borough loved by its residents”, who will be supported by a “caring and effective Council” begins to sound very hollow when set against their proposals for major cuts to all services, particularly, to social care.  We unreservedly condemn the distressing proposals for enormous increases in home-care charges and the ill-conceived proposals for the “meals on wheels” service.  We urge the administration to listen carefully to the many protests coming forward from service users and their carers and withdraw these totally unacceptable proposals.”

 

(4)               Accountable Scrutiny

 

To be moved by Councillor Brian Gate and seconded by Councillor Navin Shah:-

 

“The executive function of the Council is entirely performed by the majority party. In order to enable a strong scrutiny function the Council agrees that the O&S Committee should be chaired by a member of opposition party.”

 

(5)               Overview and Scrutiny

 

To be moved by Councillor Mitzi Green and seconded by Councillor Brian Gate:-

 

“The new administration has reiterated the commitment made by  ...  view the full agenda text for item 73.

Additional documents:

Minutes:

(i)                   Councillor Chris Mote moved and Councillor Marilyn Ashton seconded the Motion at Item 14(1) of the Summons.

 

(ii)                 Councillor Navin Shah moved and Councillor Keith Ferry seconded the following amendment which after debate and upon a vote was not carried:-

 

“To delete the whole of the original motion and to substitute the following wording:-

 

“This Council acknowledges that the Greater London Assembly and the Mayor of London have a Strategic Role in the matters relating to Londoners and London’s Local Authorities and require suitable powers to perform their strategic tasks.

 

Government proposals, as a matter of fact, are about devolving powers down from central government to a London?wide level for a more accountable and effective London Assembly with enhanced powers to develop and implement policies that are relevant to London.

 

The Council acknowledges that the government’s proposals for planning would not affect the vast majority of planning decisions taken locally by local Councils.  The Council reiterates its concerns on the issues raised at the Strategic Planning Advisory Panel and resolves to:

 

Write to the Local MPs and GLA member to ask them to raise the Council’s concerns in Parliament and the London Assembly.

 

Work with “London Councils” (formerly known as ALG) to pursue the Council’s concerns as expressed in this resolution.” 

 

(iii)                Upon a vote, the original Motion was carried in the following terms:-

 

“This Council believes that the Government’s proposals to grant the Mayor of London greater powers will undermine the authority of London’s boroughs and damage local democracy in London by taking decision-making away from local communities and their locally-elected representatives.

 

This Council further believes that the Government’s proposals giving the Mayor greater powers over planning and housing will erode the role of boroughs’ planning and development control committees in making decisions about what is built locally, will reduce the extent to which local people can influence what is built in their own neighbourhoods, and will see planning decisions imposed on communities by the Mayor of London.

 

This Council resolves to:

 

(a)                 make representations about its concerns and opposition to the Government’s proposal to grant further powers to the Mayor in the formal consultation process;

 

(b)                 write to the local MPs and GLA member to ask them to raise these concerns in Parliament and at the London Assembly; and

 

(c)                 work with the other London Boroughs through the ALG in lobbying against these proposals.”

 

RESOLVED:

 

THAT THE MOTION APPEARING AT ITEM 14(1) ON THE SUMMONS BE ADOPTED, AS SET OUT AT (iii) ABOVE.

 

[Note:  Councillors Ms Nana Asante, Mrinal Choudhury, Bob Currie, Mrs Margaret Davine, Mano Dharmarajah, Keith Ferry, Archie Foulds, B E Gate, David Gawn, Mitzi Green, Graham Henson, Thaya Idaikkadar, Nizam Ismail, Dhirajlal Lavingia, Jerry Miles, Phillip O’Dell, Asad Omar, David Perry, Raj Ray, Navin Shah, Mrs Rekha Shah, Bill Stephenson, Mrs Sasi Suresh and Keeki Thammaiah wished to be recorded as having voted against the above Motion].

74.

MOTION AT ITEM 14(2): PROTECTION OF LOCALLY LISTED BUILDINGS

Minutes:

(i)                   Councillor B E Gate moved and Councillor Navin Shah seconded the Motion at Item 14(2) of the Summons.

 

(ii)                 Following debate and upon a vote the Motion was not carried.

 

RESOLVED:

 

THAT THE MOTION AT ITEM 14(2) ON THE SUMMONS BE NOT ADOPTED.

75.

MOTION AT 14(3): CUTS IN SOCIAL CARE SERVICES

Minutes:

(i)                   Councillor Mrs Margaret Davine moved and Councillor Bill Stephenson seconded the Motion at Item 14(3) of the Summons.

 

(ii)                 Councillor Eric Silver moved and Councillor Chris Mote seconded the following amendment which after debate and upon a vote was carried:-

 

“After the words, “effective Council”, to delete all the remaining wording to the end of the original Motion.

 

To substitute for the deleted wording the following new words:-

 

“:  due to the parlous state left by the Labour administration drastic measures had to be taken, otherwise the Council would have run out of money this month, to enable us to achieve the first paragraph’s stated aim.  We did not flinch from taking decisions, which if taken during the last eight years would not have necessitated these measures.” 

 

(iii)                The Council was deemed to have adopted the substantive Motion, as amended, in the following full form:-

 

“The current administration’s declared wish “to become a borough loved by its residents”, who will be supported by a “caring and effective Council”:  due to the parlous state left by the Labour administration drastic measures had to be taken, otherwise the Council would have run out of money this month, to enable us to achieve the first paragraph’s stated aim.  We did not flinch from taking decisions, which if taken during the last eight years would not have necessitated these measures.”

 

RESOLVED:

 

THAT THE SUBSTANTIVE MOTION, AS AMENDED, BE ADOPTED AS SET OUT AT (iii) ABOVE.

76.

PROCEDURE FOR THE TERMINATION OF THE MEETING

Minutes:

(i)                   At 10.20 pm, during the debate on Item 14(3) above, a procedural motion under the provisions of Rule 10.2 (ii) was agreed for the closure time of the Council meeting to be extended by 15 minutes, from 10.30 pm to 10.45 pm, to allow more time for debate on the remaining Motions.

 

(ii)                 At 10.40 pm, during the debate on the following item 14(4), a procedural motion under the provisions of Rule 10.2 (ii) was moved by Councillor Navin Shah for the closure time of the Council meeting to be extended further by 15 minutes, from 10.45 pm to 11.00 pm.

 

Upon a formal vote this proposal was not agreed.

 

(iii)                At 10.45 pm, in the course of the consideration of Item 14(4), the Mayor advised that the “guillotine” procedure had come into operation for the determination of the remaining business on the Summons.

 

RESOLVED:

 

THAT THE PROVISIONS OF COUNCIL PROCEDURE RULE 10.2 BE APPLIED, AS SET OUT AT (i), (ii) AND (iii) ABOVE.

77.

MOTION AT ITEM 14(4): ACCOUNTABLE SCRUTINY

Minutes:

(i)                   Councillor B E Gate moved and Councillor Navin Shah seconded the Motion at Item 14(4) of the Summons.

 

(ii)                 Following debate and upon a vote the Motion was not carried.

 

RESOLVED:

 

THAT THE MOTION AT ITEM 14(4) ON THE SUMMONS BE NOT ADOPTED.

78.

MOTION AT ITEM 14(5): OVERVIEW AND SCRUTINY

Minutes:

(i)                   Councillor Mitzi Green moved and Councillor B E Gate seconded the Motion at Item 14(5) of the Summons,

 

(ii)                 Upon a vote the Motion was not carried.

 

RESOLVED:

 

THAT THE MOTION AT ITEM 14(5) ON THE SUMMONS BE NOT ADOPTED.

79.

MOTION AT ITEM 14(6): REVISIONS OF THE COMMITTEE STRUCTURE AND EXECUTIVE ARRANGEMENTS

Minutes:

(i)                   Councillor Chris Mote moved and Councillor David Ashton seconded the Motion at Item 14(6) of the Summons.

 

(ii)                 Councillor Navin Shah moved and Councillor Thaya Idaikkadar seconded the following amendment which was not carried:-

 

“To effect the following changes to the numbered paragraphs of the original Motion:-

 

(5)Delete all and substitute the following wording:-

 

“so as to preserve transparency and current good practice Council agrees to appoint non?executive member(s) of Council as Chair(s) of the Strategic Planning Committee and the Development Management Committee.  Accordingly a separate amendment for non?executive Chair(s) to be moved and agreed at Council.”

 

(6)                 Delete “6.30 pm” and substitute “7.30 pm”.

 

(8)                 Delete “Councillor Mrs Bath” and substitute “Councillor Navin Shah”.

 

Add “To have arrangements for another seat on the Cabinet to be made available for a Councillor from the major opposition party.”

 

(9)                 Amend the Portfolio Holder roles to allow for (8) above.

 

Add a new paragraph, as follows:-

 

“(10)Agree that the Strategic Planning and Development Management Committees should observe coffee breaks and that refreshments should be made available to the members of these committees and members of public awaiting decisions.”

 

(iii)                Upon a vote, the original Motion was carried in the following terms:-

 

“That the Council

 

(1)                 Delete the Development Control Committee and establish a Strategic Planning Committee and a Development Management Committee and approve their terms of reference, in an appendix;

 

(2)                 Determine the size of the two new Committees at a membership of eight;

 

(3)                 Note the proportional entitlement of the political groups to seats on those Committees (Conservative 5: Labour 3) (as notified in advance to all the political groups);

 

(4)                 Appoint the memberships of the two new Committees and make such changes to other Committees of the Council as have now arisen (including two previously pending changes on the Overview and Scrutiny Committee) (completed membership lists from the political groups to be available for agreement at the Council);

 

(5)                 Appoint Councillor Marilyn Ashton as Chairman of the Strategic Planning Committee and of the Development Management Committee;

 

(6)                 Agree a variation of the relevant Committee Rules in the Constitution to provide for a start time of 6.30 pm and to restrict the “guillotine” provisions to a latest finish time of 11.00 pm for both the Strategic Planning Committee and the Development Management Committee (the revised form of the relevant Rules is attached for adoption);

 

(7)                 Agree to increase the size of the Cabinet by one to ten (inclusive of the Leader and Deputy Leader);

 

(8)                 Agree to appoint Councillor Mrs Bath to the additional Cabinet seat;

 

(9)                 Agree revised Portfolio Holder roles, in an appendix.”

 

(iv)                In adopting the above Motion Council also received and approved the following documents arising from the relevant paragraph(s) as enclosed with the Summons or the Supplemental Summons:-

 

“(1)Terms of Reference for the Strategic Planning Committee and the Development Management Committee’:  Appendix 1 to these Minutes.

 

“(4)Memberships of the newly established Committees and revised memberships for the Cabinet  ...  view the full minutes text for item 79.

80.

MEMBERS' ALLOWANCES SCHEME - VARIATIONS

By Resolution 38 of the Extraordinary Council Meeting on 31 May 2006 a Revised Schedule 1 of the Members’ Allowances Scheme was adopted for the remainder of the financial year 2006/07.

 

(1)  Further to Item 3 on this Summons and the formation of a Liberal Democrat Group, there is a requirement to vary Schedule 1 of the Members’ Allowances Scheme by the inclusion of a Special Responsibility Allowance in respect of the office of Leader of the Liberal Democrat Group, with effect from 25 August 2006.

 

The proposal is that this additional SRA be at the Band 3 level (£1,023), the same as for the Deputy Leader of the Labour Group.

 

(2)  Further to Item 14 (6) on this Summons there is a proposal to increase the Cabinet membership (in addition to the Leader and the Deputy Leader) from seven to eight Members.

 

If this proposal has been agreed an appropriate change would need to be made to the Members’ Allowances Scheme to add another Member at SRA Band 9 (£12,000) level.

 

Council is requested to approve the above amendments to Schedule 1.

 

FOR DECISION

Minutes:

(i)                   Further to the content of Item 15 on the Summons, Councillor Bill Stephenson moved and Councillor Navin Shah seconded the following proposal, as an amendment, which was not carried:-

 

“To add parts (3) and (4), as below:

 

(3)  In light of the proposal to replace the Development Control Committee by two smaller committees the Strategic Planning Committee (SPC) and the Development Management Committee (DMC) and also in the light of the ever?increasing (i) burden, (ii) number of meetings, (iii) the time spent in meetings and in preparation for them and site visits, in connection with planning matter and each of these two new committees, Council resolves that all members of SPC and DMC should receive a Special Responsibility Alllowance at level Band 3 (£1200 per annum).

 

(4)  So as not to exceed the agreed budget for Members’ allowances there should be a corresponding reduction in the allowances for executive members to accommodate all the other increases agreed at this Council.”

 

(ii)                 Upon a vote, the original proposed adjustments to the Members’ Allowances Scheme (Schedule 1 Special Responsibility Allowances) were carried, as hereunder:-

 

·                     To apply an SRA Band 3 level payment (£1,200) (2006/07) to the Leader of the Liberal Democrat Group with effect from 25 August 2006, being the same as the Deputy Leader of the Labour Group.

 

·                     To increase the number of Cabinet Members from seven to eight, qualifying for the SRA Band 9 level payment (£12,000) (2006/07).

 

RESOLVED:

 

THAT THE VARIATIONS IN SCHEDULE 1 TO THE MEMBERS’ ALLOWANCES SCHEME BE AGREED, AS SET OUT AT (ii) ABOVE.

81.

OUTSIDE BODY APPOINTMENTS

To receive the following proposals from the Leader of the Council as to changes in the representation on outside bodies for the balance of the Municipal Year 2006/07;-

 

Name of Body

 

Deleted Appointee

New Nominee

LBH

(b)    Rail Liaison Meeting

 

Councillor Raj Ray

Councillor Jerry Miles

Harrow Weald Common Board of Conservators

Councillor Anthony Seymour

Councillor Paul Scott

 

FOR DECISION

Minutes:

(i)                   The following proposed changes in the outside body appointments for the Municipal Year 2006/07, set out in the Summons and Supplemental Summons, were agreed by a consensus of the Council;-

 

 

Name of Body 

 

Previous Appointment

 

Revised Appointment

 

LBH

(b)        Rail Liaison Meeting 

 

 

Councillor Raj Ray

 

 

Councillor Jerry Miles

 

Harrow Weald Common Board of Conservators

 

Councillor Anthony Seymour

 

Councillor Paul Scott

 

North West London Valuation Tribunal

 

Mr J Branch

until December 2006

 

Mr J Branch

until December 2007

 

(ii)                 An additional change was identified (from the report noted at Resolution 83(i) below) and agreed at the Council meeting as follows:-

 

 

Name of Body 

 

Previous Appointment

 

Revised Appointment

 

Greater London Employment Forum (ALG)

 

Vacancy (Deputy)

(Originally Councillor John Anderson)

 

Councillor Salim Miah

 

RESOLVED:

 

THAT THE REVISED APPOINTMENTS AT (i) AND (ii) ABOVE BE AGREED FOR THE REPRESENTATION ON OUTSIDE BODIES 2006/07.

82.

DECISIONS TAKEN UNDER THE URGENCY PROCEDURE AND USE OF THE SPECIAL URGENCY PROCEDURE pdf icon PDF 16 KB

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.

Additional documents:

Minutes:

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 17 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. 

83.

URGENT DECISIONS TAKEN ON MATTERS RESERVED TO THE COUNCIL

In accordance with the delegations to Chief Officers, the Leaders of each of the political Groups on the Council were consulted on and agreed the following urgent decisions on behalf of the Council, being matters reserved to the Council.

 

Absence Cover

 

To appoint Jill Rothwell, Executive Director Business Development, further as Acting Chief Executive (i) pending the return to work from illness of the Chief Executive; or (ii) the end of December 2006,  whichever is the sooner.

 

Re-Establishment of the Education Appeals Panel for the 2006/07 Academic Year.

 

To appoint Lay Members and Other Members (as named in the urgent decision) to Harrow’s Education Appeals Panel for the 2006/07 Academic Year, to serve on both Harrow’s Education Appeals Panel and on Appeals Panels set up by Voluntary Aided Schools.

 

FOR CONFIRMATION

Minutes:

The Council received confirmation of urgent decisions on matters reserved to Council which had been the subject of consultations with the Leaders of the political groups and agreed on behalf of the Council.

 

(i)                  Outside Body Appointments 2006/07

[These revised appointments had been agreed in July 2006 but had not previously been advised to a Council Meeting].

 

(ii)                Absence Cover (Chief Executive post)

 

(iii)              Re-Establishment of the Education Appeals Panel for 2006/07 Academic Year

 

RESOLVED:

 

THAT THE DECISIONS TAKEN UNDER DELEGATED AUTHORITY ON BEHALF OF THE COUNCIL, AS NOW REPORTED AT (i), (ii) AND (iii) ABOVE, BE NOTED.

84.

EXTRAORDINARY COUNCIL - DECEMBER 2006

Further to the decision at Resolution 53 (13 July 2006) to hold a Council Meeting in December 2006 to receive and agree the Authority’s Gambling Policy, no date was then set.

 

A prospective date of 11 December was identified in the revised Calendar of Meetings 2006/07, as circulated to all Members in August 2006.

 

Council is requested now to confirm that the date for the Extraordinary Meeting be MONDAY 11 DECEMBER 2006, commencing at 7.00 pm).

 

FOR CONFIRMATION

Minutes:

Further to the decision at Resolution 53 (13 July 2006) to hold a Council Meeting in December 2006, to receive and agree the Authority’s Gambling Policy, it was

 

RESOLVED:

 

THAT THE EXTRAORDINARY COUNCIL MEETING BE HELD ON MONDAY 11 DECEMBER 2006, COMMENCING AT 7.00 PM.

APPENDIX 1 - Strategic Planning and Development Management Committees Terms of Reference pdf icon PDF 42 KB

APPENDIX 2 - Amended Committee memberships pdf icon PDF 49 KB

APPENDIX 3 - Variations to Cttee Procedure Rules 10 and 15 pdf icon PDF 46 KB

APPENDIX 4 - Revised Portfolio Holder Delegations pdf icon PDF 125 KB

APPENDIX 5 - Revised Calendar Arrangements pdf icon PDF 41 KB