Agenda and minutes

That the minutes of the Ordinary meeting held on 26 April 2007, and of the Annual meeting held on 10 May 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 COUNCIL MEETING HELD ON 26 APRIL 2007, AND OF THE ANNUAL COUNCIL MEETING HELD ON 10 MAY 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 all Members of Council.

There were no declarations of interests made by Members in relation to the business to be transacted at this 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, THE HONORARY ALDERMAN AND PAST MAYORS, SINCE THE LAST COUNCIL MEETING.

The following Harrow resident had received an award in the Queen’s Birthday Honours list:-

Having been invited to speak by the Mayor, Councillor David Gawn informed Council that he would be doing a sponsored parachute jump on Friday 21 September 2007 in aid of the Mayor’s Special Appeal for 2007/08, the Teenage Cancer Trust.  He hoped to raise £10,000.

Councillor Gawn received a round of applause.

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].

There were no procedural motions from Members of Council.

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.

The following petitions were submitted by Members of Council:

(1)            Submitted by Councillor Mrs Lurline Champagnie, containing 25 signatures of residents, alleging anti-social behaviour by private tenants at an address in Pinner.

[The petition stood referred to the Portfolio Holder for Environment Services].

(2)            Submitted by Councillor Mrs Kinnear, containing 41 signatures of residents of Harrow on the Hill, objecting to Planning Application P/1936/07/DFU for the retention of temporary classrooms for a further 3 years at John Lyon School.

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

(3)            Submitted by Councillor Christopher Noyce, containing 37 signatures of local residents, opposing Planning Application P/1281/07 for a detached house between 397 and 399 Torbay Road, Harrow.

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

(4)            Submitted by Councillor Raj Ray, containing 22 signatures of members of Roxeth Bowling Club, highlighting the problems faced by bowling clubs in Harrow following the increase in the Council’s charges for clubhouses, and requesting assistance to help the Roxeth Bowling Club, and other clubs, remain viable.

            [The petition stood referred to the Portfolio Holders for Finance and Portfolio Co-ordination, Environment Services and Community and Cultural Services].

(5)            Submitted by Councillor Yogesh Teli, containing 26 signatures of residents of Prescelly Place, opposing the introduction of any waiting restrictions in Prescelly Place.

[The petition stood referred to the Portfolio Holder for Environment Services].

(6)            Submitted by Councillor Archie Foulds, containing 80 signatures of members of 8^th Kenton Scout Group, requesting assistance in preventing the demolition of the Scout Group hut in light of the proposed disposal of the site by Brent Council for development.

[The petition stood referred to the Portfolio Holder for Community and Cultural Services].

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].

The following question had been submitted by a member of the public in accordance with Council Procedure Rule 12.3, and was answered orally:-

[Note:  Any Recommendation from the Overview and Scrutiny Committee will necessarily be tabled due to the proximity of the Committee meeting to this Council meeting].

(i)            Further to Item 7 on the Summons, Council received Recommendation I of the Cabinet meeting of 21 June 2007 and, in the tabled documentation, Recommendation II of the Overview and Scrutiny Committee meeting on 10 July 2007.  The Recommendations were moved by Councillor Chris Mote, Leader of the Council, and Councillor Stanley Sheinwald, Chairman of the Overview and Scrutiny Committee, respectively.

(ii)            Councillor Navin Shah moved, and Councillor Bill Stephenson seconded, an amendment which sought to amend a number of the flagship actions set out in the Corporate Plan, and add a number of new flagship actions to the Plan.

(iii)            Following a full debate, and upon a vote, the amendment was not carried.

(iv)       The meeting then moved to votes upon the substantive Recommendations; these were both carried and adopted.

RESOLVED:

THAT THE RECOMMENDATIONS BE ADOPTED AS PRINTED.

[Note:  Under Council Procedure Rule 13.1 (Questions Without Notice), several questions were asked of Members of Cabinet by Councillors Margaret Davine, Phillip O’Dell, David Perry, Navin Shah and Bill Stephenson, to which oral answers were provided].

During the above item, in light of problems with the microphones in the Council Chamber, it was proposed that Council Procedure Rule 23.1, requiring Members to stand when speaking at a meeting of Council, be suspended for the remainder of the meeting.

This received the general assent of Council.

RESOLVED:

THAT COUNCIL PROCEDURE RULE 23.1 (STANDING TO SPEAK) BE SUSPENDED FOR THE REMAINDER OF THIS COUNCIL MEETING.

[Note:  This anticipated Recommendation will necessarily be tabled due to the proximity of the Overview and Scrutiny Committee meeting to this Council meeting].

In the tabled documentation for the meeting, the Council received Recommendation I of the Overview and Scrutiny Committee meeting on 10 July 2007.  The Recommendation was moved by Councillor Stanley Sheinwald, Chairman of the Overview and Scrutiny Committee.

Following debate and upon a vote, it was

RESOLVED:

THAT THE RECOMMENDATION BE ADOPTED AS PRINTED.

Report arising from the Constitution Review Working Group meeting of 2 July 2007.

(i)            Councillor Paul Osborn, Chairman of the Constitution Review Working Group, moved the Recommendations arising from the meeting of the Working Group held on 2 July 2007.

(ii)            Councillor Margaret Davine moved, and Councillor Nana Asante seconded the following amendment, which after debate and upon a vote was not carried:

“Do not replace Rule 22.2 as per the CRWG recommendation but amend existing Rule 22.2(c) as follows: 

For “150”, substitute “50”

After “(defined as anyone registered on the electoral roll of the Borough)”  add “This procedure will be publicised to local residents”.

      Amend Rule 22.3 by replacing 'two' with 'ten’, and after “in any municipal year.” add “This situation will be reviewed at the end of the 2007/2008 municipal year.’”

(iii)            Councillor Bill Stephenson moved and Councillor Navin Shah seconded the following amendment, which after debate and upon a vote, was not carried:

            “In the new proposed Appendix 1 to be added to 4f, under “Reasons for refusal” delete the whole of ‘2.  Financial Implications…’  and renumber the subsequent points accordingly”.

(iv)       The meeting then moved to a vote upon the substantive recommendations; these were carried.

RESOLVED:

THAT THE PROPOSED CHANGES TO THE AUTHORITY’S CONSTITUTION AS ENDORSED BY THE CONSTITUTION REVIEW WORKING GROUP AND DETAILED IN ITS REPORT, BE APPROVED.

Further to Item 8 on this Summons, there is a proposal to re-establish the Overview and Scrutiny Committee with a membership of 12 and revised Terms of Reference.

If this proposal is agreed, Council is requested to:

(1) note the proportional entitlement of the political groups to seats on the Committee (Conservative: 8; Labour: 4); and

(2) appoint the membership and Chairman of the Committee.

[Note: The nominations of the political groups for the membership and Chairman of the Committee will be available at the meeting].

FOR CONFIRMATION

(i)            Further to the approval of the proposal to re-establish the Overview and Scrutiny Committee with a membership of 12 and revised terms of reference (see Resolution 177 above), Council received notification, in the tabled documentation, of the nominations by the political groups for the membership and Chairman of the Committee.

(ii)        The proportional entitlement of the political groups to seats on the Committee having been noted, and the membership agreed, Councillors Stanley Sheinwald and Mitzi Green were each nominated to the chairmanship of the Committee.  Upon a vote Councillor Sheinwald was appointed.

RESOLVED:

THAT (1) THE PROPORTIONAL ENTITLEMENT OF THE POLITICAL GROUPS TO SEATS ON THE RECONFIGURED OVERVIEW AND SCRUTINY COMMITTEE (CONSERVATIVE: 8; LABOUR: 4) BE NOTED; AND

(2) THE OVERVIEW AND SCRUTINY COMMITTEE BE RE-ESTABLISHED FOR THE REMAINDER OF THE MUNICIPAL YEAR 2007/2008 WITH THE MEMBERSHIP AND CHAIRMAN NOW AGREED (as set out in Appendix 1 to these Minutes).

To receive proposals from the Leader of the Council.

The Council received a report of the Leader of the Council, which set out role descriptions for Portfolio Holders.

RESOLVED:

THAT THE PORTFOLIO HOLDER ROLE DESCRIPTIONS BE NOTED.

To receive a proposal from the Leader of the Council to revise the current Members’ Allowances Scheme, as adopted by Council on 22 February 2007, with effect from 1 August 2007 for the remainder of the 2007-2008 financial year.

(i)         At Item 12 on the Summons, the Council received a proposal from the Leader of the Council for a revised Members’ Allowances Scheme from 1 August 2007, the effect of which was to increase the Basic Allowance from £5,526 to £6,526 pa, and to replace Schedule 1 to the Scheme, which set out the Special Responsibility Allowances.

(ii)        A revised Schedule 1 to the Scheme was circulated in the tabled documents.  Councillor Chris Mote, the Leader of the Council, formally moved the proposal.

(iii)            Following a full debate, Council undertook a vote on the revised Scheme excluding Schedule 1, which was carried.

(iv)       The posts specified in Schedule 1 as attracting a Special Responsibility Allowances were then each the subject of separate votes, consequent on which the Special Responsibility Allowances for the Leader of the third largest Group, the Deputy Leader of the second largest group and the Chief Whips of the two largest Groups were lost, and the remaining Special Responsibility Allowances in the Schedule were carried.

RESOLVED:

THAT THE MEMBERS’ ALLOWANCES SCHEME FOR 2007/2008, AS NOW REVISED, BE ADOPTED WITH EFFECT FROM 1 AUGUST 2007 (as set out in Appendix 2 to these Minutes).

[Note:  Under Council Procedure Rule 13.1 (Questions Without Notice), a question was asked of Councillor Chris Mote, Leader of the Council, by Councillor Bill Stephenson, to which an oral answer was provided].

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).

The following two questions had been submitted by Members of Council in accordance with Council Procedure Rule 13.2, and were both answered orally:-

[Notes:  (i)  With the consent of Council, the Member submitting question (2) made a minor correction to the question, as set out above;

(ii) under the provisions of Rule 13.5, the Members submitting the above questions each asked a supplementary question, which was also answered orally].

To receive a report of the Director of Legal and Governance Services, in accordance with the requirements of Overview and Scrutiny Procedure Rule 23.7 for the operation of these provisions to be considered on an annual basis.

In accordance with Overview and Scrutiny Procedure Rule 23which required Members to monitor annually the operation of the provisions for call-in and urgency, the meeting received a report of the Director of Legal and Governance Services on this matter.

RESOLVED:

THAT THE OPERATION OF THE CALL-IN AND URGENCY PROCEDURES, AS NOW REPORTED, BE NOTED.

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.

The meeting received a report of the Director of Legal and Governance Services which provided a summary of the urgent decisions taken, and the use of the special urgency procedure, since the meeting of Council on 26 April 2007.

RESOLVED:

THAT (1) THE URGENT DECISIONS TAKEN BY THE LEADER AND CABINET SINCE THE COUNCIL MEETING ON 26 APRIL 2007, AS NOW REPORTED, BE NOTED;

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

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 attached urgent decision on behalf of the Council, being a matter reserved to the Council.

FOR CONFIRMATION

In accordance with the delegations to Chief Officers, the Leaders of each of the political groups on the Council had been consulted on and agreed an urgent decision on behalf of the Council, being a matter reserved to Council.

RESOLVED:

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