Agenda and minutes

Councillor David Gawn

The Mayor, on behalf of the Council, took the opportunity of the occasion of this Council meeting to congratulate Councillor David Gawn on having completed a parachute jump in aid of the Mayor’s Special Appeal for 2007/08, the Teenage Cancer Trust, on Thursday 27 September 2007.  A DVD of the parachute jump was shown to the Council.

Having been invited to speak, Councillor Gawn expressed his gratitude to all those who had sponsored him and to the Mayor for her support, and reported that he had raised approximately £4,000 for the Trust.

That the minutes of the ordinary meeting held on 12 July 2007, be taken as read and signed as correct records, subject to the amendment to the Attendance List.

RESOLVED:

THAT THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 12 JULY 2007 BE TAKEN AS READ AND SIGNED AS A CORRECT RECORD, SUBJECT TO THE AMENDMENT OF THE ATTENDANCE LIST TO SHOW COUNCILLOR JEAN LAMMIMAN AS THE WORSHIPFUL THE MAYOR AND COUNCILLOR JOHN NICKOLAY AS THE DEPUTY MAYOR.

To receive declarations of personal or prejudicial interests arising from business to be transacted at this meeting, from all members of the Council.

The Mayor invited appropriate declarations of interests by Members of the Council in respect of the business on the Summons.

Councillor Salim Miah declared a personal and prejudicial interest in relation to item 11,  Review of Licensing Policy.  He left the room during consideration and decision making on this item.

The Leader of the Council declared personal interests on behalf of a number of Councillors from all political Groups in relation to the motion at item 17(1) on ‘Retention of Cancer Services at Mount Vernon Hospital.

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.

To receive and consider any procedural motions by Members of the Council in relation to the conduct of this 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.

The Mayor took this opportunity to announce that following the issue of the Council Summons, she had agreed, under Council Procedure Rule 7.2, to the addition of a new item of business to the Summons.

The Mayor informed Council that the additional item related to the membership of the Overview and Scrutiny Committee, as set out in the green page of the tabled documents.

To receive petitions to be presented:

(i)                 by a representative of the petitioners;

(ii)               by a Councillor, on behalf of petitioners; or

(iii)             by the Mayor, on behalf of petitioners. 

The following petition was submitted by a Member of Council:

(1)                 Submitted by Councillor Mrs Sasi Suresh containing 65 signatures of residents, drawing attention to inconsiderate parking in Hooking Green, and requesting the introduction of double yellow lines around the edge of the Green.

[The petition stood referred to the Traffic and Road Safety Advisory Panel].

A period of up to 15 minutes is allowed 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:  Any such questions received will be tabled].

Further to item 6 on the Summons, no questions from members of the public which complied with Council Procedure Rule 12.3 had been received.

At item 7 on the Summons, the Council received a Recommendation from the Cabinet meeting held on 19 July 2007 in this matter.

The Recommendation was formally moved by the Leader of the Council.

Following debate, the meeting moved to a vote on the Recommendation, as printed in the Council Summons; this was carried and adopted.

RESOLVED:

THAT ARTICLE 4.01 OF THE CONSTITUTION, WHICH SPECIFIED ISSUES RESERVED TO COUNCIL TO DETERMINE, BE AMENDED TO INCLUDE EQUALITY SCHEMES.

[Note:  This anticipated Recommendation will be tabled due to the proximity of the Cabinet meeting to this Council meeting].

Further to item 8 on the summons, the Council received a Recommendation of the Cabinet meeting held on 11 October 2007 in this matter, as tabled.

RESOLVED:

THAT (1) THE RIGHTS OF WAY IMPROVEMENT PLAN BE APPROVED;

(2) THE PUBLICATION OF THE PLAN ON HARROW’S WEBSITE BE AGREED;

(3) THE PLAN BE REASSESSED WITHIN 10 YEARS;

(4) AUTHORITY BE DELEGATED TO THE ENVIRONMENT SERVICES PORTFOLIO HOLDER TO AMEND THE TIMETABLE FOR IMPLEMENTATION OF THE STATEMENT OF ACTION BASED ON AVAILABLE FUNDING OPPORTUNITIES;

(5) AUTHORITY BE DELEGATED TO THE ENVIRONMENT SERVICES PORTFOLIO HOLDER TO DEVELOP THE PROGRAMME OF WORK REQUIRED TO IMPLEMENT THE STATEMENT OF ACTION TAKING INTO ACCOUNT AVAILABLE RESOURCES. 

(i)         At item 9 on the Summons, the Council received a Recommendation of the Audit Committee meeting held on 3 September 2007, which sought to change the name of the Committee to the Governance, Audit and Risk Management Committee, revise its terms of reference, and increase the membership of the Committee to eight.

(ii)        The Recommendation, having been formally moved by Councillor John Cowan, was adopted.

(ii)        In adopting the Recommendation, Council also received and noted the proportional entitlement to seats on the Committee (Conservative: 5; Labour 3), and received and approved the nominations from the political groups for the membership and Chairman of the Committee, as enclosed in the tabled documentation.

(iv)            Additionally, the Leader of the Council suggested that any nomination from the Labour Group to the vacant position in the reserve membership of the Committee be accepted; this was agreed by general assent.

RESOLVED:

THAT (1) THE ABOVE RECOMMENDATION BE ADOPTED AS PRINTED;

(2) THE PROPORTIONAL ENTITLEMENT TO SEATS ON THE GOVERNANCE, AUDIT AND RISK MANAGEMENT COMMITTEE (CONSERVATIVE: 5; LABOUR 3) BE NOTED;

(3) THE CONSEQUENTIAL REVISIONS TO THE TERMS OF REFERENCE AND THE MEMBERSHIP OF THE COMMITTEE BE AGREED AS SET OUT AT APPENDIX 1;

(4) ANY NOMINATION FROM THE LABOUR GROUP FOR THE POSITION OF 3^RD LABOUR RESERVE MEMBER BE APPROVED.

(i)                 Further to item 10 on the Summons, the Council received a Recommendation from the Overview and Scrutiny Committee meeting held on 25 September 2007 in this matter.  The Recommendation was formally moved by Councillor Stanley Sheinwald.

(ii)               Councillor Chris Mote moved and Councillor David Ashton seconded an amendment that four Reserve Members be appointed to the pan?London Joint Overview and Scrutiny Committee and that Councillor Mrs Vina Mithani and Barry Macleod?Cullinane be appointed as 1^st and 2^nd Reserves respectively, and that Councillors Mrs Rekha Shah and Mrs Margaret Davine be appointed as 3^rd and 4^th Reserves respectively. 

(iii)             Following debate, and upon a vote, the amendment outlined at (ii) above was carried.

(iv)              Councillor Mitzi Green then moved and Councillor B E Gate seconded a further amendment that Councillors Mrs Rekha Shah and Mrs Margaret Davine be appointed as 1^st and 2^nd Reserves respectively and a 3^rd Reserve be appointed by the Majority Group.

(v)                Upon a vote, the amendment outlined at (iv) above was not carried.

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

RESOLVED:

THAT THE SUBSTANTIVE RECOMMENDATION, AS AMENDED, BE ADOPTED IN THE FOLLOWING FORM:

THAT COUNCILLOR MRS MYRA MICHAEL (ADULT HEALTH AND SOCIAL CARE POLICY LEAD MEMBER FOR SCRUTINY) BE APPOINTED AS THE COUNCIL’S REPRESENTATIVE TO SERVE ON THE PAN?LONDON JOINT OVERVIEW AND SCRUTINY COMMITTEE, AND THAT COUNCILLORS MRS VINA MITHANI, BARRY MACLEOD-CULLINANE, MRS REKHA SHAH (ADULT HEALTH AND SOCIAL CARE PERFORMANCE LEAD MEMBER FOR SCRUTINY) AND MRS MARGARET DAVINE (CHILDREN AND YOUNG PEOPLE POLICY LEAD MEMBER FOR SCRUTINY) BE APPOINTED AS 1^ST, 2^ND, 3^RD AND 4^TH RESERVES RESPECTIVELY.

[Note:  Councillors 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, Raj Ray, Navin Shah, Mrs Rekha Shah, Bill Stephenson and Mrs Sasi Suresh wished to be recorded as having voted against the substantive Recommendation].

At item 11 on the Summons, the Council received Recommendation I of the Licensing and General Purposes Committee meeting held on 27 September 2007 in this matter.

The Recommendation was formally moved by Councillor Mrs Lurline Champagnie.

RESOLVED:

THAT THE ABOVE RECOMMENDATION BE ADOPTED AS PRINTED.

(See also Minute 188).

Further to item 12 on the Summons, the Council received Recommendation II of the Licensing and General Purposes Committee meeting held on 27 September 2007 in this matter.

A minor typographical amendment to the Recommendation was moved and adopted.

RESOLVED:

THAT THE RECOMMENDATION, AS AMENDED, BE ADOPTED IN THE FOLLOWING FORM:

THAT (1) THE RECOMMENDATIONS IN RELATION TO INDIVIDUAL POLLING DISTRICTS, AS SET OUT IN APPENDIX A TO THE REPORT BE ENDORSED;

(2)  FUTURE REVIEWS OF POLLING DISTRICTS ADDRESS SELECTED PARTS OF THE BOROUGH EACH YEAR, TO ENSURE THAT THE STATUTORY REQUIREMENT TO CONDUCT A REVIEW EVERY FOUR YEARS OF ALL OF THE BOROUGH’S POLLING DISTRICTS ARE MET.

Report arising from the Constitutional Review Working Group.

At item 13 on the Summons, the Council received a recommendation from the Constitution Review Working Group meeting held on 15 October 2007 in this matter.

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.  

Report of the Director of Legal and Governance Services.

Further to item 14 on the Summons, the Council received a report of the Director of Legal and Governance Services in this matter.

Having been formally moved by Councillor Chris Mote and seconded by Councillor Dinesh Solanki, and following debate, it was

RESOLVED:

THAT (1) THE COUNCIL PARTICIPATE IN THE PROMOTION OF THE 10^TH LONDON LOCAL AUTHORITIES BILL; AND

(2) THE 10^TH LONDON LOCAL AUTHORITIES BILL STATUTORY FIRST RESOLUTION BE ADOPTED AS SET OUT AT APPENDIX 2 TO THESE MINUTES.

To receive a proposal from the Leader of the Council to revise Schedule 1 to the current Members’ Allowances Scheme, as adopted by Council on 22 February 2007, for the remainder of the 2007?2008 Municipal Year.  

(i)                 At item 15 on the Summons, the Council received a proposal from the Leader of the Council for a revised Members’ Allowances Scheme from 1 August 2007 until 31 March 2008.

(ii)               A revised Schedule 1 to the Scheme was circulated in the tabled documents.

RESOLVED: 

THAT THE REVISED MEMBERS’ ALLOWANCES SCHEME FOR 2007?2008, AS SET OUT IN APPENDIX 3 TO THESE MINUTES, BE ADOPTED WITH EFFECT FROM 1 AUGUST 2007 UNTIL 31 MARCH 2008.

A period of 15 minutes is allowed for asking 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; or

(ii)               which relate to urgent matters, and 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 Director of Legal and Governance Services by 12.00 noon on the day of the Council Meeting.

[Any such questions received will be tabled].

The following question had been submitted by a Member of Council in accordance with Council Procedure Rule 13.2:-

[Notes:  (i)  Under the provisions of Council Procedure Rule 13.4, the question was answered orally by the Leader of the Council;

(ii)  under the provisions of Council Procedure Rule 13.5, the Member asked a supplementary question, which was also answered orally].

The following Motions have been notified and will be moved and seconded by the Members indicated:-

(1)               Retention of Cancer Services at Mount Vernon Hospital

(2)               Harrow Heritage Trust – A Proposal to set up a ‘Harrow Heritage Buildings Commission’

(3)               Mayor of London and the Government initiative to provide support for young Londoners

(4)               Capital Funding Initiative for Harrow Schools

(i)                 Councillor Chris Mote moved and Councillor Navin Shah seconded the following motion set out at item 17(1) of the Summons:-

“This Council supports the retention of cancer services at Mount Vernon Hospital and asks the Secretary of State for Health to listen, not only to the Council, but also to the many members of the public and the local MPs who have fought for many years to retain this valuable local service.  We urge the Minister to finally resolve this matter by giving a pledge to keep the cancer services at Mount Vernon Hospital”.

(ii)               Councillor Navin Shah moved and Councillor Chris Mote seconded that the motion be sent to the local MPs, the MP for Ruislip and Northwood (London Borough of Hillingdon) and the Secretary of State for Health.  Following debate, it was

RESOLVED: 

THAT (1) THE MOTION, AS SET OUT AT (i) ABOVE, BE ADOPTED UNANIMOUSLY; AND

(2) THE MOTION BE SENT TO THE TWO MPS FOR HARROW, THE MP FOR RUISLIP AND NORTHWOOD AND THE SCERETARY OF STATE FOR HEALTH.

(See also Minute 188).

Further to the provisions of Council Procedure Rule 15.6, it was

RESOLVED:

THAT THE MOTION AT ITEM 17(2) OF THE SUMMONS STAND REFERRED TO THE NEXT MEETING OF THE LOCAL DEVELOPMENT FRAMEWORK PANEL, AS BEING A MATTER WITHIN THE REMIT OF THE EXECUTIVE.

(i)                   Councillor Bill Stephenson moved and Councillor Navin Shah seconded the motion at item 17(3) of the Summons.

(ii)                 Councillor Mrs Lurline Champagnie moved and Councillor Barry Macleod?Cullinane seconded the following amendment, which, after debate and upon a vote, was carried:-

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

RESOLVED:

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

[Note:  Councillors 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, Raj Ray, Navin Shah, Mrs Rekha Shah, Bill Stephenson and Mrs Sasi Suresh wished to be recorded as having voted against the amendment and the substantive Motion]. 

(i)                 Councillor Bill Stephenson moved and Councillor Navin Shah seconded the motion at item 17(4) of the Summons.

(ii)               Councillor Miss Christine Bednell moved and Councillor Janet Mote seconded the following amendment, which after debate and upon a vote, was carried:-

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

RESOLVED:

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

(i)                 Councillor Graham Henson moved and Councillor Mrinal Choudhury seconded the motion at item 17(5) of the Summons.

(ii)               Councillor Susan Hall moved and Councillor Julia Merison seconded the following amendment which after debate and upon a vote was carried:-

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

RESOLVED:

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

To receive a report of the Director of Legal and Governance Services relating to decisions taken as a matter of urgency.

The meeting received a report of the Director of Legal and Governance Services, which provided a summary of the urgent decisions taken since the Council meeting on 12 July 2007.

RESOLVED:

THAT THE URGENT DECISIONS TAKEN BY PORTFOLIO HOLDERS AND THE LEADER SINCE THE COUNCIL MEETING ON 12 JULY 2007, AS NOW REPORTED, BE NOTED.

In accordance with the delegations to Chief Officers, the Leaders of each of the political groups were consulted and agreed the following decision on behalf of the Council.

Re-establishment of the Education Appeals Panel for the 2007/08 Academic Year:

To appoint Lay and Other Members to Harrow’s Education Appeals Panel for the 2007/08 Academic Year, to serve on both Harrow’s Education Appeals Panel and Appeals Panels set up by Voluntary Aided Schools.

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 a minor 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 THE COUNCIL, TO APPOINT LAY AND OTHER MEMBERS TO HARROW’S EDUCATION APPEALS PANEL FOR THE 2007/08 ACADEMIC YEAR, AS NOW REPORTED, BE NOTED. 

To appoint the Director of Legal and Governance Services to be the Proper Officer of the London Borough of Harrow in accordance with s270 (3) of the Local Government Act 1972.

FOR DECISION

RESOLVED:

TO APPOINT THE DIRECTOR OF LEGAL AND GOVERNANCE SERVICES AS THE PROPER OFFICER OF THE LONDON BOROUGH OF HARROW IN ACCORDANCE WITH S270(3) OF THE LOCAL GOVERNMENT ACT 1972.

Further to the admittance of this item to the Summons under Council Procedure Rule 7.2 (Minute 190 above refers), it was

RESOLVED:

THAT THE REVISED CONSERVATIVE GROUP MEMBERSHIP OF THE OVERVIEW AND SCRUTINY COMMITTEE FOR THE MUNICIPAL YEAR 2007/08, AS SET OUT IN APPENDIX 4 TO THESE MINUTES, BE AGREED.