Agenda and minutes

Having opened the meeting, the Mayor requested Council to remain standing and to observe a minute’s silence in memory of former Councillors Janet Skipworth, Bill Williams and David Rogers and former Mayoress Frances Bourne and former Mayor Graham Hines, who had died since the last Council meeting.

That the minutes of the meeting held on 30^th October 2008 be taken as read and signed as a correct record.

RESOLVED:  That the minutes of the meeting held on 30 October 2008 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.

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

(i)                   Item 7 on the Summons – Revenue Budget 2009/10 to 2011/12

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 14 on the Summons – Motions:  Ghurkha Rights

Councillor Tony Ferrari declared a personal interest in the above item as a member of the Ghurkha Trust Fundraiser Panel, but considered that he could still speak and vote thereon.

To receive any announcements from the Mayor.

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

The Mayor spoke briefly on several of his recent engagements.  He expressed his gratitude to the Deputy Mayor (Councillor Eric Silver) and Councillor Lurline Champagnie for representing him at certain events.

The Mayor then reminded Members of upcoming engagements, requesting that Members note the engagements within their diaries.

The Mayor also noted with pleasure the attendance of a Harrow Youth Parliament representative.

RESOLVED:  That the report of the Worshipful the Mayor upon his 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.

(i)                   The Mayor moved a procedural motion under Rule 15.6 that the Motion included at Item 14(2) of the Summons be considered after item 6 (Public Questions). 

(ii)                 The Mayor moved a procedural motion under the general provisions of Rule 15.6 that the Motion included at Item 14(1) of the Summons be considered after Item 10 (Harrow Corporate Plan 2009/12). 

(iii)                The Mayor announced that following the issue of the Council Summons, he had agreed, under Council Procedure Rule 7.2, to the addition of a new item of business to the Summons, namely “Item 12(A) – Amendments to Committees and Outside Body Appointments”.

(iv)               The Council received notification in the tabled papers of an Urgent Motion, relating to the Sustainable Communities Act. 

(v)                 The Leader of the Council, Councillor David Ashton, moved a procedural motion under Rule 26.1 that the rules of debate be varied, as set out in the tabled documents, for the purposes of the debate on the Revenue Budget, and that the tabled procedure be also applied to the debate on the Treasury Management Strategy and Prudential Indicators, the Capital Programme and the Corporate Plan insofar as the recommendations and amendments be debated jointly. 

(vi)               Councillor Bill Stephenson rose and asked whether the Leader of the Council would make a statement on the position of Councillor Mrs Kinnear.  The Leader of the Council advised that Councillor Mrs Kinnear had been expelled from the Conservative Group.

RESOLVED:  That

(1)                 the procedural motion under Rule 15.6, seeking that the Motion included at Item 14(2) of the Summons be considered after Item 6 (Public Questions), be agreed;

(2)                 the procedural motion under Rule 15.6, seeking that the Motion included at Item 14(1) of the Summons be considered after Item 10 (Harrow Corporate Plan 2009/12), be agreed;

(3)                 the Urgent Motion be admitted to the Summons under Rule 15.2 as Item 14(3) (Sustainable Communities Act);

(4)                 the partial suspension under Rule 26.1 of Rules 14.1 and 17 regarding the moving of  Recommendations from Cabinet and the rules of debate (including extended time for opening speeches by all three political groups) as set out in the tabled papers, be approved for the purposes of the debate on Items 7 (Revenue Budget 2009/10 to 2011/12), 8 (Treasury Management Strategy 2009/10 and Prudential Indicators 2009/10 – 2011/12), 9 (Capital Programme 2009/10 – 2011/12) and 10 (Harrow Corporate Plan 2009/12).

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.

No petitions were presented in accordance with Rule 11.

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].

The following question had been submitted by a member of the public in accordance with Rule 12.3:-

[Note:  Under the provisions of Rule 12.7, the question was answered orally by the Leader of the Council.  The member of the public asked a supplementary question, which was also answered orally].

(i)                   Further to Item 7 on the Summons, the Council received Recommendation II of the Cabinet meeting held on 12 February 2009.

(ii)                 The Leader of the Council, Councillor David Ashton, formally moved the Recommendation.

(iii)                The Labour Group tabled an amendment to the Recommendation.  Councillor Bill Stephenson moved and Councillor Phillip O’Dell seconded the amendment, which included specific proposals for the Authority’s budget for 2009/10, a revised Medium Term Budget Strategy and a revised model Council Tax resolution, on the basis of those proposals. 

(iv)               Further to the decision outlined at Resolution 312 above, the amendment and the Recommendation were debated jointly.

(v)                 Further to the amendments submitted, a proposal to vote upon the amendments individually was voted upon but not carried.

(vi)               Following a full debate, the amendments outlined at (iii) above were 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 substantive Recommendation be adopted in the following form:

(1)                 The 2009/10 Revenue Budget be approved to enable the Council Tax for 2009/10 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 David Ashton, moved Recommendation IV of the Cabinet meeting on 12 February 2009.

RESOLVED:  That

(1)                 the Treasury Management Strategy and Prudential Indicators be approved;

(2)                 the Minimum Revenue Provision Policy and Strategy for 2009/10 be approved;

(3)                 the new MRP requirements be implemented with effect from 1 April 2007.

Further to Item 9 on the Summons, the Leader of the Council, Councillor David Ashton, moved Recommendation III of the Cabinet meeting on 12 February 2009.

RESOLVED:  That the Capital Programme for 2009/10 to 2011/12 be endorsed.

(i)                   Further to Item 10 on the Summons, with the assent of the Council, Councillor Paul Osborn formally moved Recommendation I of the Cabinet meeting of 12 February 2009 on behalf of the Leader of the Council.

(ii)                 The Labour Group tabled an amendment to the Recommendation. Councillor Bill Stephenson moved and Councillor Phillip O’Dell seconded the amendment, which involved the addition of a new Corporate Priority and four associated flagship actions.

(iii)                Further to the decision outlined at Resolution 312 above, both amendments and the Recommendation were debated jointly.

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

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

RESOLVED:  That the Corporate Plan 2009/12 be approved, and the Leader of the Council be authorised to approve final changes, particularly relating to information on performance assessment.

Further to Item 11 on the Summons, the Council received Recommendation I from the Overview and Scrutiny Committee meeting held on 26 January 2009.  The Recommendation was formally moved by Councillor Stanley Sheinwald.

RESOLVED:  That

(1)                 Councillor Vina Mithani be appointed as the Council’s representative on the pan?London Joint Overview and Scrutiny Committee for the second stage of the Healthcare for London consultation; and

(2)                 Councillor Margaret Davine be appointed as the Council’s reserve representative.

To receive proposals for changes in representation on the identified outside bodies as follows:

FOR DECISION

Item 12 on the Summons provided for the receipt of proposals from the Political Groups as to the appointment of representatives of the Authority to two outside bodies for the remainder of the Municipal Year 2008/09.

RESOLVED:  That the following appointments for the remainder of the Municipal Year 2008/09 be approved:

Further to Resolution 312 above, the Leader of the Council, under the general provisions of Rule 14.1, moved proposals for various amendments to Committee memberships and outside body appointments, which were agreed, as follows:

RESOLVED:  That the changes to the Committee memberships and Outside Body appointments, as set out above, be approved.

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 questions were submitted by Members of Council in accordance with Rule 13.2:-

[Notes:  (i)  Under the provisions of Rule 13.4, question (1) was answered orally by the Leader of the Council;

(ii)  further to Resolution 328 and in accordance with Rule 10.3, a written response would be provided by the relevant Portfolio Holders to questions (2), (3), (4) and (5).

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:

(i)                   The Mayor welcomed the representative of the Royal British Legion and local Ghurkha representatives to the meeting. The Council rose to express their appreciation of the attendees.

(ii)                 At Item 14(1) on the Summons, the Council received a Motion in the names of Councillors David Ashton, Christopher Noyce and Navin Shah in the following terms:

RESOLVED:  That the substantive Motion, as set out at above, be adopted.

[Note:  The Mayor (John Nickolay), the Deputy Mayor (Eric Silver) and Councillors Husain Akhtar, David Ashton, Marilyn Ashton, Miss Christine Bednell, Robert Benson, Don Billson, Mrs Lurline Champagnie, Mrinal Choudhury, John Cowan, Bob Currie, Mrs Margaret Davine, Mano Dharmarajah, Tony Ferrari, Keith Ferry, Archie Foulds, B E Gate, David Gawn, Mitzi Green, Susan Hall, Graham Henson, Thaya Idaikkadar, Nizam Ismail, Krishna James, Manji Kara, Ashok Kulkarni, Jean Lammiman, Barry Macleod?Cullinane, Julia Merison, Salim Miah, Mrs Myra Michael, Jerry Miles, Mrs Vina Mithani, Narinder Singh Mudhar, Joyce Nickolay, Christopher Noyce, Phillip O’Dell, Asad Omar, Paul Osborn, Anjana Patel, David Perry, Raj Ray, Richard Romain, Paul Scott, Anthony Seymour, Navin Shah, Mrs Rekha Shah, Stanley Sheinwald, Dinesh Solanki, Bill Stephenson, Mrs Sasikala Suresh, Yogesh Teli, Keeki Thammaiah, Mark Versallion, Tom Weiss and Jeremy Zeid wished to be  ...  view the full minutes text for item 323.

At Item 14(2) on the Summons, the Council received a Motion in the name of Councillors Bill Stephenson and David Ashton in the following terms:

RESOLVED:  That the substantive Motion, as set out at above, be adopted.

[Note: Councillors Husain Akhtar, David Ashton, Marilyn Ashton, Miss Christine Bednell, Robert Benson, Don Billson, Mrs Lurline Champagnie, Mrinal Choudhury, John Cowan, Bob Currie, Mrs Margaret Davine, Mano Dharmarajah, Tony Ferrari, Keith Ferry, Archie Foulds, B E Gate, David Gawn, Mitzi Green, Susan Hall, Graham Henson, Thaya Idaikkadar, Nizam Ismail, Krishna James, Manji Kara, Ashok Kulkarni, Jean Lammiman, Barry Macleod?Cullinane, Julia Merison, Salim Miah, Mrs Myra Michael, Jerry Miles, Mrs Vina Mithani, Narinder Singh Mudhar, Joyce Nickolay, Christopher Noyce, Phillip O’Dell, Asad Omar, Paul Osborn, Anjana Patel, David Perry, Raj Ray, Richard Romain, Paul Scott, Anthony Seymour, Navin Shah, Mrs Rekha Shah, Stanley Sheinwald, Dinesh Solanki, Bill Stephenson, Mrs Sasikala Suresh, Yogesh Teli, Keeki Thammaiah, Mark Versallion and Jeremy Zeid wished to be recorded as having voted for the substantive motion to be adopted].

In accordance with Rule 15.2, the Council received an Urgent Motion in the names of Councillors David Ashton and Paul Osborn, which had been circulated in the tabled papers.  The Urgent Motion read as follows:

RESOLVED:  That the substantive Urgent Motion, as set out at above, be adopted.

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 15 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 the Leader of the Council, Portfolio Holders and Cabinet, and the use of the special urgency procedure, since the last meeting of Council on 30 October 2008.

RESOLVED:  That the urgent decisions taken by the Leader of the Council, Portfolio Holders 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 decisions 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 Chairman and Nominated Member of the Licensing and General Purposes Committee, since the last meeting of Council held on 30 October 2008.

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

(i)                   At 10.28 pm, during the debate on the Item 13 (Questions with Notice) of the Summons, the Mayor put to the vote a procedural motion under Rule 10.2(ii) that the closure of time for the Council meeting be extended until the completion of all remaining business on the Summons.  Upon a formal vote, this proposal was not agreed;

(ii)                 At 10.29 pm, in the course of the consideration of Item 13 (Questions with Notice), the Mayor advised that the ‘guillotine’ procedure had come into operation for the determination of the remaining business on the summons and was applied to Items 13 (Questions with Notice), 14(3) (Sustainable Communities Act), 15 (Decisions Taken Under the Urgency Procedure by Portfolio Holders/Leader and Cabinet and Use of Special Urgency Procedure) and 16 (Urgent Decision on a Matter reserved to Council).

RESOLVED:  That the provisions of Rules 10.2 and 10.3 be applied as set out at (i) and (ii) above.