Agenda and minutes

That the minutes of the Ordinary meeting held on 19 October 2006, of the Extraordinary meetings held on 11 December 2006 (2 meetings), and of the Extraordinary meeting held on 29 January 2007, be taken as read and signed as correct records.

[Note:  The above minutes are published on the Council's intranet and website].

RESOLVED: 

THAT THE MINUTES OF THE ORDINARY MEETING HELD ON 19 OCTOBER 2006, THE EXTRAORDINARY MEETINGS HELD ON 11 DECEMBER 2006 (2 MEETINGS), AND THE EXTRAORDINARY MEETING HELD ON 29 JANUARY 2007 BE TAKEN AS READ AND SIGNED AS CORRECT RECORDS.

To receive declarations of personal or prejudicial interests, arising from business to be transacted at this meeting, from:

(a)               all Members of the Committee, Sub Committee, Panel or Forum;

(b)               all other Members present in any part of the room or chamber.

(i)         Item 8 on the Summons – Revenue Budget 2007-08 to 2009-10

A number of Members declared personal interests in the above item (set out at Appendix I to these Minutes) and accordingly remained in the Chamber and took part in the debate and voting on this item.

(ii)                 Item 16(4) on the Summons – Motion regarding Free Travel for Under 18s

Councillor Christopher Noyce declared a personal interest in the above item, and accordingly remained in the Chamber and took part in the debate and voting on this item.

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 ABOVE AND AT APPENDIX I TO THESE MINUTES).

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, THE HONORARY ALDERMAN AND PAST MAYORS, SINCE THE LAST COUNCIL MEETING.

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

The Mayor congratulated Councillor David Gawn on this, the occasion of his 30^th birthday.

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 Chris Mote, moved 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 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.

The Leader of the Labour Group, Councillor Navin Shah, moved and the Deputy Leader of the Group, Councillor Bill Stephenson, seconded a procedural motion under the general provisions of Council Procedure Rule 15.6 that the Motion included at Item 16(3) of the Council Summons and indicated to stand referred to the next meeting of the Cabinet, as being a matter within its delegated powers, should rather be considered at this Council meeting.

Upon a vote, the procedural motion was not carried.

RESOLVED:

THAT THE PROCEDURAL MOTION UNDER COUNCIL PROCEDURE RULE 15.6, SEEKING THE CONSIDERATION AT THIS COUNCIL MEETING OF THE MOTION AT 16(3) OF THE SUMMONS, BE NOT AGREED.

(See also Resolution 119 below).

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 Legal and Governance Services, on behalf of petitioners.

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

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

(i)         Councillor Graham Henson submitted a petition signed by 49 residents which objected to the proposals for changes to the meals on wheels service.

            [The petition stood referred to Cabinet].

(ii)         Councillor Mrs Margaret Davine presented a petition containing 130 signatures of residents, opposing the proposed cut in voluntary sector grants funding.

            [Note: The petition was formally received and taken into account for the purposes of the Revenue Budget and Council Tax decision (see Resolution 108 below)].

(2)        By members of the public:

(i)         Mr Peter Watson submitted a petition signed by approximately 900 residents which objected to the proposed cut in the grant for Harrow Young Musicians.

[Note: The petition was formally received and taken into account for the purposes of the Revenue Budget and Council Tax decision (see Resolution 108 below)].

(ii)         Mr Savan Patel presented a petition containing 53 signatures of residents, requesting that the Council take action to address issues relating to a property in Northwick Park Road, Harrow, including allegations of anti-social behaviour.

            [The petition stood referred to the Portfolio Holder for Urban Living - Community Safety and Public Realm].

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 questions had been submitted by members of the public in accordance with Council Procedure Rule 12.3:

[Note:  Oral answers were provided to the above questions and, under the provisions of Council Procedure Rule 12.4, each questioner also asked a supplementary question, which was additionally answered].

Further to Item 7 on the Summons, the Council received Recommendation I of the Cabinet meeting of 9 November 2006 in this matter.

RESOLVED:

THAT THE COMMUNITY PLAN 2006 – 2020 BE APPROVED.

(i)         Further to Item 8 on the Summons, the Leader of the Council, Councillor Chris Mote, formally moved Recommendation I of the Cabinet meeting of 15 February 2007 in this matter.

 (ii)        The Labour Group tabled an amendment to the Recommendation.  Councillor Navin Shah moved and Councillor Bill Stephenson seconded the detailed amendment, which included specific proposals for the Authority’s budget for 2007/08, and a revised Medium Term Budget Strategy and a revised model Council Tax resolution on the basis of those proposals.  The proposals resulted in Council Tax increases of 4.9% in 2007-08, 3% in 2008-09 and 3% in 2009-10.

(iii)        Further to the decision outlined at Resolution 103 above, the amendment and the Recommendation were debated jointly.

(iv)            Following a full debate, the amendment outlined at (ii) above was voted upon; this was not carried.

(v)         The meeting then moved to a vote upon the substantive Recommendation; this was carried and adopted.

RESOLVED:

THAT THE SUBSTANTIVE RECOMMENDATION BE ADOPTED IN THE FOLLOWING FORM:

That (1) the 2007-08 Revenue Budget be approved to enable the Council Tax for 2007?08 to be set;

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

(i)         At 10.19 pm, during the debate on the Revenue Budget 2007-08 to 2009-10 at Item 8 of the Summons, the Council agreed a procedural motion to extend the meeting beyond the formal closure time of 10.30 pm until the conclusion of the Revenue Budget debate.

(ii)         At 10.33 pm, Councillor Navin Shah moved a procedural motion to further extend the meeting beyond consideration of Item 8.

            Upon a formal vote, this proposal was not agreed.

(iii)        At 11.12 pm, at the conclusion of the debate on the Revenue Budget 2007-08 to 2009-10, the “guillotine” procedure, as set out under Council Procedure Rule 10.3,  came into operation for the determination of the remaining business on the Summons.

RESOLVED:

THAT THE PROCEDURE FOR THE TERMINATION OF THE MEETING, AS SET OUT ABOVE, BE APPLIED.

Further to Item 9 of the Summons, the Council received Recommendation II of the Cabinet meeting held on 15 February 2007 in this matter.

The Recommendation was adopted as printed.

RESOLVED:

THAT (1) THE TREASURY MANAGEMENT STRATEGY FOR 2007-08 BE APPROVED (as set out in paragraphs 5 to 17 of the report of the Director of Financial and Business Strategy submitted to the Cabinet meeting);

(2) THE PRUDENTIAL INDICATORS FOR 2007-08 TO 2009-10 BE APPROVED (as set out in paragraphs 18 to 39 of the report of the Director of Financial and Business Strategy submitted to the Cabinet meeting).

At Item 10 of the Summons, the Council received Recommendation I of the Overview and Scrutiny Committee meeting held on 21 November 2006 in this matter.

RESOLVED:

THAT THE ABOVE RECOMMENDATION BE ADOPTED AS PRINTED.

Further to Item 11 on the Summons, the meeting considered Recommendation II of the Overview and Scrutiny Committee meeting on 21 November 2006 in this matter.

RESOLVED:

THAT THE RECOMMENDATION BE ADOPTED AS PRINTED.

Further to Item 12 on the Summons, the Council received Recommendation I of the Standards Committee meeting held on 5 December 2006.

RESOLVED:

THAT THE RECOMMENDATION BE ADOPTED AS PRINTED.

The Leader of the Council has given notice of the following proposed change to the membership of the Executive for the remainder of the Municipal Year 2006/07:-

Appointment of the Portfolio Holder for Urban Living – Community Safety and Public Realm

FOR DECISION

At Item 13 on the Summons, the Leader of the Council had given notice of the following proposed change to the membership of the Executive for the remainder of the Municipal Year 2006/07:-

Appointment of the Portfolio Holder for Urban Living – Community Safety and Public Realm

RESOLVED:

THAT THE CHANGE TO THE MEMBERSHIP OF THE EXECUTIVE FOR THE REMAINDER OF THE MUNICIPAL YEAR 2006/07, AS SET OUT ABOVE, BE AGREED.

The Leader of the Council has given notice of the following proposed change to the membership of the Overview and Scrutiny Committee for the remainder of the Municipal Year 2006/07:

FOR DECISION

Further to Item 14 on the Council Summons, the meeting received notification from the Leader of the Council of the following proposed change to the membership of the Overview and Scrutiny Committee for the remainder of the Municipal Year 2006/07:-

RESOLVED:

THAT THE CHANGE TO THE MEMBERSHIP OF THE OVERVIEW AND SCRUTINY COMMITTEE FOR THE REMAINDER OF THE MUNICIPAL YEAR 2006/07, AS SET OUT ABOVE, BE AGREED.

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].

It was noted that no questions had been submitted by Members of Council under the provisions of Council Procedure Rule 13.

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)            Campaign for a Better Grant for Harrow

To be moved by Councillor Chris Mote and seconded by Councillor David Ashton:

“Council notes:

(i)  the campaign for a Better Grant for Harrow by the Harrow Observer;

(ii) when taking all government grants into consideration, Harrow receives an average of £145 per head less than its nearest neighbours and £572 per head less than the London average; Harrow has the lowest reserves for outer London boroughs at only £1.5m, compared with the average of £12m; and because of under-funding in the health service, the London Borough of Harrow will incur an additional £3.5m this year, and rising, through costs shunted to the Council by the Harrow PCT.

Council resolves:

(i) To support the campaign by the Harrow Observer and expects all Members to sign the letter in Appendix 1.”

[Note:  The letter referred to as Appendix 1 appears on page 41 of this Summons].

(2)            Review of the Overview and Scrutiny Call-in Procedure

To be moved by Councillor Anthony Seymour and seconded by Councillor Julia Merison:

“Proposed Amendment to Overview and Scrutiny Procedure Rule 22

(1)The process for call in

22.2Any decision of the Executive, which has been taken but not implemented may be called in by:

(a)Any six Members of the Council, and additionally, in relation to Executive decisions on education matters only, any six Members of the Council and the voting co-opted members of the Children and Young People Scrutiny sub-committee;

(b)               Any Member of the Overview and Scrutiny Committee;

(c) 150 members of the public, (defined as anyone registered on the electoral roll of the Borough)

Only decisions relating to Executive functions, whether delegated or not may be called in.

(2)New Rule 22.3 – Limits on the number of decisions called-in

22.3 (a) Members of the Council (including co-opted members) may call in 8 decisions in any municipal year.  A Member of the Overview and Committee may call in no more than two of the eight decisions;

(b)               Members of the public may call in no more than two decisions in any municipal year;

(c)               No more than ten decisions may be subject to the call in procedure in any municipal year.

(3)Re-number Rule 22.3 and the remaining rules accordingly.

(4)Re-numbered Rule 22.5 (currently 22.4):

Call-in must be by notification to the Chief Executive in writing or by fax:

(a)signed by all six Members and voting co-optees.  A request for call-in by email from a Member will require a separate email from each of the six Members concerned;

(b)               signed by the individual member of the Overview and Scrutiny  Committee;

(c)               signed by all 150 members of the public registered on the electoral roll, and stating their names and addresses.

(5)22.5 Delete the words in the first line from “by Members or voting co-opted Members”.  ...  view the full agenda text for item 117.

(i)         At Item 16(1) on the Summons, the Council received a Motion in the names of Councillors Chris Mote and David Ashton in the following terms:

“Council notes:

(i)  the campaign for a Better Grant for Harrow by the Harrow Observer;

(ii) when taking all government grants into consideration, Harrow receives an average of £145 per head less than its nearest neighbours and £572 per head less than the London average; Harrow has the lowest reserves for outer London boroughs at only £1.5m, compared with the average of £12m; and because of under-funding in the health service, the London Borough of Harrow will incur an additional £3.5m this year, and rising, through costs shunted to the Council by the Harrow PCT.

Council resolves:

(i) To support the campaign by the Harrow Observer and expects all Members to sign the letter in Appendix 1.”

(ii)         A tabled amendment in the names of Councillors Navin Shah and Bill Stephenson was received, as follows:

“Replace paragraphs (i) and (ii) after “Council notes:” with the following:

(1)the representations made to Ministers and Treasury Civil Servants by both the previous and current administrations, and the campaign recently launched by Harrow Observer for a better grant for Harrow;

(2)the support received from Harrow’s MPs in arranging the meetings noted above;

(3)the substantial investment of many millions of pounds put into Harrow by the Government providing substantial benefits, for example, the £31.5 million for the redevelopment of Whitmore School and the millions invested in school buildings;

(4)the need for the urgent replacement of the existing Council Tax system, introduced immediately after the disastrous poll tax in 1993, by a more equitable system which should, in particular, protect genuine hardship for people on low incomes;

(5)when taking all government grants into consideration, Harrow receives an average £145 per head less than other Outer London Boroughs and £572 per head less than the London average and Harrow has the lowest reserves of any Outer London Borough at only £1.5 million, compared with the average of £12 million;

(6)the unprecedented level of investment made by the Government in the Health Service but, due to the financial difficulties faced by the Primary Care Trust, Harrow Council will incur a cumulative cost of £3.5m, including the estimated impact of further cost shunting in 2007-08.”

(iii)        Upon a vote, the amendment was not carried.

(iv)        Upon a further vote, the substantive motion was adopted.

RESOLVED:

THAT THE MOTION APPEARING AT ITEM 16(1) ON THE SUMMONS, AS SET OUT AT (i) ABOVE, BE ADOPTED.

(i)         At Item 16(2) on the Summons, the Council received a Motion in the names of Councillors Anthony Seymour and Julia Merison in the following terms:

“Proposed Amendment to Overview and Scrutiny Procedure Rule 22

(1)The process for call in

22.2Any decision of the Executive, which has been taken but not implemented may be called in by:

(a)Any six Members of the Council, and additionally, in relation to Executive decisions on education matters only, any six Members of the Council and the voting co-opted members of the Children and Young People Scrutiny sub-committee;

(b)                 Any Member of the Overview and Scrutiny Committee;

(c) 150 members of the public, (defined as anyone registered on the electoral roll of the Borough)

Only decisions relating to Executive functions, whether delegated or not may be called in.

(2)New Rule 22.3 – Limits on the number of decisions called-in

22.3 (a) Members of the Council (including co-opted members) may call in 8 decisions in any municipal year.  A Member of the Overview and Committee may call in no more than two of the eight decisions;

(b)                 Members of the public may call in no more than two decisions in any municipal year;

(c)                 No more than ten decisions may be subject to the call in procedure in any municipal year.

(3)Re-number Rule 22.3 and the remaining rules accordingly.

(4)Re-numbered Rule 22.5 (currently 22.4):

Call-in must be by notification to the Chief Executive in writing or by fax:

(a)signed by all six Members and voting co-optees.  A request for call-in by email from a Member will require a separate email from each of the six Members concerned;

(b)                 signed by the individual member of the Overview and Scrutiny  Committee;

(c)                 signed by all 150 members of the public registered on the electoral roll, and stating their names and addresses.

(5)22.5 Delete the words in the first line from “by Members or voting co-opted Members”.  The paragraph would read “A notice to invoke the call-in procedure………..”

(6)To ensure that the limit of ten decisions called in is not exceeded, Rule 36.1 (Suspension) would be amended to include Rule 22.3 (c).”

(ii)         A tabled amendment in the names of Councillors Mitzi Green and Brian Gate was received, as follows:

“Insert “That the” before “Proposed”, and after “Rule 22” insert “on this Council’s Summons should, in the spirit of good governance and good Scrutiny practice be referred to Overview and Scrutiny for full discussion, and be also referred to the Constitution Review Working Group for discussion and recommendation:-“

(iii)        Upon a vote, the amendment was not carried.

(iv)        Upon a further vote, the substantive Motion was carried and adopted.

RESOLVED:

THAT THE MOTION APPEARING AT ITEM 16(2) ON THE SUMMONS, AS SET OUT AT (i) ABOVE, BE ADOPTED.

Further to the provisions of Council Procedure Rule 15.6,

RESOLVED:

THAT THE MOTION SET OUT AT ITEM 16(3) ON THE SUMMONS STAND REFERRED TO THE NEXT MEETING OF THE CABINET, AS BEING A MATTER WITHIN THE POWERS OF THE CABINET.

(Resolution 104 above also refers).

(i)         At Item 16(4) on the Summons, the Council received a Motion in the names of Councillors Navin Shah and Bill Stephenson in the following terms:

“This Council fully supports the Mayor of London’s provision of free bus travel for all young people under 16 and for under-18’s in full time education.  The Council sees the policy as playing an important role in encouraging young Londoners to see the value of public transport rather than being reliant on cars; helping your people to become independent; providing access for young people in Harrow to cultural, sporting, leisure and social events both in Harrow and in London at large; and making transport to schools and colleges affordable.

This Council further believes that free bus travel is a very successful policy supported by 80% of Londoners, which saves families with children £350 every year for each child.  The Council deplores the concerted attacks on this policy by Tory members of the Greater London Assembly and other Tory London MPs.”

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

RESOLVED:

THAT THE MOTION AT ITEM 16(4) ON THE SUMMONS BE NOT ADOPTED.

Under the requirements of the Constitution (Overview and Scrutiny Procedure Rule 4.3) the Chair of the Overview and Scrutiny Committee, Councillor Jean Lammiman, advises Council that an additional Sub-Committee, the "Education Call-in Sub-Committee", has been established for the purpose of considering and dealing with Executive decisions which have been “called in” in accordance with Overview and Scrutiny Procedure Rule 22 and which relate to education matters.

The establishment of the Sub-Committee is as set out in Minute 64 of the Overview and Scrutiny Committee meeting, 21 November 2006.

FOR CONFIRMATION

Further to Item 17 on the Council Summons, it was

RESOLVED:

THAT, IN ACCORDANCE WITH OVERVIEW AND SCRUTINY RULE 4.3, THE ESTABLISHMENT OF AN EDUCATION CALL-IN SUB-COMMITTEE TO CONSIDER AND DEAL WITH EXECUTIVE DECISIONS “CALLED IN” UNDER OVERVIEW AND PROCEDURE RULE 22 AND RELATING TO EDUCATION MATTERS, BE CONFIRMED.

In accordance with Overview and Scrutiny Procedure Rule 23.6 and Access to Information Procedure Rule 17.3, it is a requirement to report those decisions taken as a matter of urgency and the use of the special urgency procedure since the previous Council Meeting.

Those requirements are met in the attached paper from the Director of Legal and Governance Services.

Further to Item 18 on the Summons, the meeting received a report of the Director of Legal and Governance Services which provided a summary of the urgent decisions taken by Portfolio Holders, the Leader and Cabinet, and the use of the special urgency procedure, since the last meeting of Council on 19 October 2006.

RESOLVED:

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

(2) THE ONE OCCASION ON WHICH THE SPECIAL URGENCY PROCEDURE HAD BEEN USED SINCE THE LAST COUNCIL MEETING, BE NOTED.