Agenda and minutes

Having opened the meeting, the Mayor requested Council to observe a minutes silence in memory of the late Councillor Mrs Janet Cowan, Councillor Dhirjlal Lavingia, past Mayor Phyllis Harkett and former long serving employee Malcolm Blake who had all died recently.

The Mayor welcomed Councillor Husain Akhtar to his first meeting of Council since his election and also the newly appointed Youth Parliament representatives who were viewing the evenings proceedings.  She further congratulated Councillor Gawn as he celebrated his 30^th birthday.

That the minutes of the meeting held on 18 October 2007 be taken as read and signed as a correct record.

RESOLVED:  That the minutes of the meeting held on 18 October 2007 be signed as a correct record.

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

(i)                   Item 7 on the Summons – Revenue Budget 2007/08 – 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 9 on the Summons – Corporate Plan

Councillor Paul Osborn declared a personal interest in the above item as a resident in the vicinity of the Travis Perkins site the redevelopment of which was identified as a flagship action within the Plan, but considered that he could still speak and vote thereon.

Councillor Margaret Davine also declared a personal interest in the above item by virtue of her mother being in receipt of social care.  She remained in the room and participated in the debate and voting on this item.

(iii)                Item 16 on the Summons – Appointments to Outside Bodies

Councillor Archie Foulds declared a personal and prejudicial interest in the above item as an employee of Stanmore College and accordingly took no part in the discussion thereon.

Councillor Mrs Bednell declared a personal interest in the item as an appointed governor and remained in the Chamber and took part in the debate and voting on this item.

(iv)               Item 18(2) on the Summons – Motion (Land Registry Office in Harrow)

Councillors Christopher Noyce and Anthony Seymour declared a personal interest in the above item as Solicitors who dealt with Harrow Land Registry but considered that they could still speak and vote thereon.

(v)                 Item 18(4) on the Summons – Urgent Motion (Post Offices in Harrow)

Councillor Henson declared an interest in the above item, as an employee of the Post Office.

To receive any announcements from the Mayor.

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

RESOLVED:  That the report of the Worshipful the Mayor upon her official duties, as tabled, be noted and received.

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].

(i)                   The Leader of the Council, Councillor Chris Mote, moved a procedural motion under Rule 26.1 that, in line with the practice in previous years, the rules of debate be varied, as set out in the tabled note, for the purposes of the debate on the Revenue Budget, and that the tabled procedure also apply to the debate on the Corporate Plan insofar as the Recommendation and amendments be debated jointly.  This was agreed.

(ii)                 The Council also received notification in the tabled papers of two Urgent Motions, relating to an extension of approved absence on behalf of Councillor John Cowan, and Post Office Closures.  It was agreed by general assent to admit the Motions to the business to be transacted at the meeting under the provisions of Rule 15.2.

RESOLVED:  That

(1)                 the partial suspension under Rule 26.1 of Rules 14.1 and 17 regarding the moving of a Recommendation from the Cabinet and the rules of debate (including extended time for opening speeches by all three political groups) as set out in the tabled note, be approved for the purposes of the Revenue Budget debate (Minute 220);

(2)                 the partial suspension of Rule 17.6 regarding the rules of debate be approved for the purposes of the debate on the Corporate Plan (Minute 222);

(3)                 the two Urgent Motions be admitted to the Summons under Rule 15.2 as Items 18(3) and 18(4) respectively.

To receive any 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.

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

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 had been received from members of the public under the provisions of Rule 12.3.

(i)                   Further to Item 7 on the Summons, the Council received Recommendation I of the Cabinet meeting held on 14 February 2008, together with a revised model Council Tax resolution, which reflected changes in the GLA precept notified since the Cabinet meeting, and which had been circulated in the tabled papers.

(ii)                 The Leader of the Council, Councillor Chris Mote formally moved the Recommendation, and further moved that Schedule 1 relating to Members Allowances be considered and voted upon separately to the overall Revenue Budget.

(iii)                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 2008/09, and a revised Medium Term Budget Strategy and a revised model Council Tax resolution on the basis of those proposals.  The proposals sought to make £75,000 in 2008/09 and £100,000 in subsequent financial years available for the provision of additional services to some residents with moderate care needs, with the aim of preventing a move to “substantial” or “critical” categories – such funding to be found from a reduction in the contribution to bad debts and litigation provision.

(iv)               Further to the decision outlined at Resolution 217 above, the amendment and the Recommendation were debated jointly.

(v)                 Following a full debate, the amendment outlined at (iii) above was voted upon but not carried.

(vi)               The Council voted upon Schedule 1 relating to Members Allowances which was carried and adopted.

(vii)              Upon the meeting moving to a vote upon the substantive Recommendation this was carried and adopted.

RESOLVED:  That the substantive Recommendation be adopted in the following form:

(1)                 the 2008/09 Revenue Budget be approved to enable the Council Tax for 2008/09 to be set;

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

Further to Item 8 on the Summons, the Leader of the Council, Councillor Chris Mote, moved Recommendation II of the Cabinet meeting on 14 February 2008.

RESOLVED:  That

(1)                 the Treasury Management Strategy for 2008/09 be approved (as set out in paragraphs 5 to 17 of the report of the Corporate Director of Finance submitted to the cabinet meeting);

(2)                 the Prudential Indicators for 2008/09 – 2010/11 be approved (as set out in paragraphs 18 to 39 of the report of the Corporate Director of Finance submitted to the Cabinet meeting).

(i)                   Further to Item 9 on the Summons, with the assent of the Council, Councillor Paul Osborn formally moved Recommendation III of the Cabinet meeting of 14 February 2008 on behalf of the Leader.

(ii)                 The Labour Group tabled two amendments to the Recommendation.  Councillor Bill Stephenson moved and Councillor Jerry Miles seconded amendment 1, which proposed the temporary withdrawal of proposals for the Gayton Road and Byron Park sites, pending the submission of new proposals for a combined Central Library/ Performance Space/ Exhibition Space on Gayton Road and a new enhanced Leisure Centre on the Byron Park site.

(iii)                Councillor Mrs Margaret Davine moved and Councillor Bill Stephenson seconded amendment 2, which proposed the inclusion of an additional Flagship Action to work in partnership with the Voluntary Sector and other bodies to support those people having “moderate” social care needs so that by early intervention they could be prevented from falling onto the categories of having “substantial” or “critical” needs.

(iv)               Further to the decision outlined at Resolution 217 above, both amendments and the Recommendation were debated jointly.

(v)                 Following a full debate, the amendment outlined at (ii) above was voted upon but not carried.

(vi)               The amendment outlined at (iii) above was then voted upon, but not carried.

(vii)              Upon the meeting moving to a vote upon the substantive Recommendation this was carried and adopted.

RESOLVED:  That the Corporate Plan 2008-11 be adopted.

(i)                   At 10.15 pm, during the debate on the Corporate Plan at Item 9 of the Summons, the Council agreed a procedural motion to extend the meeting beyond the formal closure time of 10.30 pm until 10.45 pm.

(ii)                 At 10.41 pm, at the conclusion of the debate on Item 9, the Leader, Councillor Chris Mote, moved a procedural motion to further extend the meeting until 10.55 pm 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 10 on the Summons, the Council received Recommendation I from the Overview and Scrutiny Committee meeting held on 13 November 2007 in this matter.  The Recommendation and a proposed additional recommendation, within the tabled documentation, was formally moved by Councillor Stanley Sheinwald.

RESOLVED:  That

(1)                 the appointments of Councillors Mrs Rekha Shah and Mrs Margaret Davine as 3^rd and 4^th reserve representatives on the pan-London Joint Overview and Scrutiny Committee be rescinded;

(2)                 CouncillorMrs Vina Mithani be appointed as the Council’s representative to serve on the pan-London Joint Overview and Scrutiny Committee in place of Councillor Myra Michael and Councillor Mrs Margaret Davine be appointed as the reserve Member in place of Councillor Mrs Vina Mithani.

Further to Item 11 on the Summons, the Council received a Recommendation from the Overview and Scrutiny Committee meeting held on 12 February 2008 to effect a change in its Terms of Reference and those of the Performance and Finance Sub-Committee in order to ensure arrangements were in place should the provisions in the relevant legislation come into force from 1 April 2008. 

RESOLVED:  That the Terms of Reference of the Overview and Scrutiny Committee and Performance and Finance Sub-Committee be amended as set out in the Appendix to the Recommendation, to enable both Committees “To consider Councillor Calls for Action”.

Report arising from the Constitutional Review Working Group.

At item 12 on the Summons, the Council received a report of the Chief Executive which proposed an amendment to the Constitution, following consultation with the Constitution Review Working Group members.

RESOLVED:  That

(1)                 Overview and Scrutiny Rule 2.1 be amended to read as follows:

(2)                 Article 7.13 be amended to read as follows:

[Note:  Under Rule 13.1 (Questions Without Notice), Councillor B E Gate asked a question of Councillor Paul Osborn, the Chairman of the Constitution Review Working Group, to which an oral answer was provided].

Report of the Director of Legal and Governance Services.

Further to Item 13 on the Summons, the Council received a report of the Director of Legal and Governance Services in this matter.

RESOLVED:  That the confirming resolution of Harrow’s continued participation in the promotion of the 10^th London Local Authorities Bill be adopted as set out at Appendix V to these minutes.

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 respect of his formal appointment as the Proper Officer for various functions relating to the business of the Authority.

RESOLVED:  To appoint the Director of Legal and Governance Services as the Proper Officer of the London Borough of Harrow for the functions identified at Appendix 6 to these minutes.

The Leader of the Council to propose that Councillor Husain Akhtar be appointed to the vacancy on Standards Committee, in accordance with proportional entitlements, for the remainder of the Municipal Year 2007/08.

FOR DECISION

The Leader of the Council, Councillor Chris Mote, notified the Council of the nomination of Councillor Husain Akhtar to the vacancy in the membership of the Standards Committee and also to the fourth and fifth reserve memberships respectively of the Strategic Planning Committee and the Development Management Committee, on behalf of the Conservative Group.

RESOLVED:  That the above appointments be agreed.

To receive proposals from the Political Groups as to the appointment to vacancies for representatives of the Authority to serve on Outside Bodies for the remainder of the Municipal Year 2007/08.

(i)                   Item 16 on the Summons provided for the receipt of proposals from the Political Groups as to the appointment of representatives of the Authority to several vacancies on outside bodies for the remainder of the Municipal Year 2007/08 and the replacement of a representative on an Outside Body.  The proposals were circulated in the tabled documents. 

(ii)                 The Conservative and Labour Groups having nominated Councillors Husain Akhtar and Mrs Margaret Davine respectively to the vacancy relating to Stanmore College, the appointment to this vacancy was the subject of a separate vote, upon which Councillor Husain Akhtar was appointed.

RESOLVED:  That the substantive proposal as to the Appointments to Vacancies on Outside Body appointments for the remainder of the Municipal Year 2007/08 be approved as follows:

A period of up to 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 noon on the day of the Council Meeting.

[Any such questions received will be tabled].

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

[Note:  Both questions were answered orally, and in respect of question (2) the Leader undertook to provide the Member with a detailed written reply].

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:-

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 19 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 and the Leader and the use of the special urgency procedure, since the last meeting of Council on 18 October 2007.

RESOLVED:  That the urgent decisions taken by the Portfolio Holders and the Leader and Cabinet since the last Council meeting be noted.

The Monitoring Officer, following consultation with the Leaders of each of the Political Groups, agreed the attached urgent decision on behalf of the Council.

FOR CONFIRMATION

The Director of Legal and Governance Services advised of an urgent decision he had taken in respect of a matter reserved to Council, following consultation with the Leaders of each of the Political Groups on the Council, since the last meeting held on 18 October 2007.

RESOLVED:  That the decision taken under delegation by the Director of Legal and Governance Services, on behalf of Council, be noted.

With the consent of the Mayor, Councillors Mrs Camilla Bath and Navin Shah both spoke briefly on the swift and efficient response by officers to the gas explosion that had occurred the previous week and commended the attitudes of both the workers on the site and the residents in distressing circumstances.  They further praised the actions of Mr Ross Simpson, a local resident and representative of Roxeth Green Church who had assisted with the aid of evacuated residents and the emergency services accessing the scene.

RESOLVED:  That a letter be sent to the various appropriate parties involved in the event thanking them for their assistance in managing the circumstances around the explosion.