Agenda and minutes

This Extraordinary Council Meeting has been convened in accordance with the provisions of Rule 3.1, further to a request from the Monitoring Officer, following the notification by the Greater London Authority of a change in date to its precept setting.  It was agreed that all items planned for the previous date of 17 February 2011 should be considered suitable for business at the Extraordinary Council.

RESOLVED:  To note that this Extraordinary Council meeting had been convened in accordance with Rule 3.1, following the decision of the GLA to alter its precept setting date.

That the minutes of the meeting held on 4^th November 2010 be taken as read and signed as a correct record.

RESOLVED:  That the minutes of the meeting held on 4 November 2010 be taken as read and 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 declaration of interests. Members declaring interests considered these to be personal and that they could speak and vote thereon.

Item 8 – 12:  Corporate Plan – Vision and Corporate Priorities; Final Revenue Budget 2011/12 – 2015/16; Housing Revenue Account Budget 2011/12 – 2015/16; Capital Programme 2011/12 – 2015/16; Treasury Management Strategy, Prudential Indicators and Minimum Revenue Provision (MRP) Policy Strategy 2011/12

Councillor Sue Anderson declared that she worked for NHS Harrow and was a member of Unison.

Councillor Mrs Camilla Bath stated that her husband undertook financial voluntary work for a number of local organisations.

CouncillorMrs Lurline Champagnie OBE declared that she was member of the Royal College of Nursing.

CouncillorMrinal Choudhury stated that he belonged to a number of organisations which received a grant from Harrow Council.

Councillor John Cowan declared that his grandson was in receipt of an education grant, and he was involved in local charities.

Councillor Stephen Greek stated that he was employed by the Greater London Authority (GLA).

Councillor Barry Macleod-Cullinane declared that his sister was employed at Hatch End High School.

Councillor Jerry Miles advised that he was a member of Unison.

Councillor Chris Mote declared that his sister was a teacher at a school in Harrow. 

Councillor Janet Mote declared that she was an ATL Union representative, and that her sister-in-law was a teacher at a school in Harrow.

Councillor Paul Osborn declared that he had been in receipt of hospitality from Capitawhich was declared in his register of gifts and hospitality. He was also the Council representative on the Lee Valley Regional Park Authority.

Councillor Anthony Seymour declared that his sister was in receipt of Council Tax benefit and Job Seekers Allowance.

Councillor Lynda Seymour declared that her sister-in-law was in receipt of Council Tax benefit and Job Seekers Allowance.  She was also a member of Unison.

Councillor Navin Shah declared that his daughter worked for St Luke’s Hospice and that he was a member of the Mahatma Gandhi Foundation. He was also a member of GMB Branch of Harrow.

Councillor Mrs Rekha Shah declared that her daughter worked at St Luke’s Hospice.  The Councillor also declared that she was a member of Unison.

Councillor Mark Versallion declared that he was a non-executive member of the North West London NHS Hospital Trust.  This interest also applied to Item 16 – Health Scrutiny Sub-Committee Terms of Reference.

Councillor Stephen Wright declared that his wife was a teacher at a school in Harrow.

Item 18 (2) – Motions - Local Government Association

Councillor Barry Macleod-Cullinane declared that he was employed by London Councils Ltd.

To receive any announcements from the Mayor.  Information as to recent Mayoral engagements will be tabled.

The Mayor requested that Council note the engagements he had undertaken.  The Mayor paid particular attention to the following:

·                     On 1 January 2011, he had supported Harrow’s entry in the New Year’s Day Parade and that he was proud to announce that Harrow had won a prize of £1,500.  He thanked all those who had supported this event, including former Mayor, Councillor Jean Lammiman;

·                     He had attended 100^th birthday celebratory parties for Mrs Gladys Bubb and Mrs Gwendoline Melita Hill, respectively.  The Mayor was proud to have attended four 100^th birthday celebrations during his current Mayoral Year.

The Council congratulated those Harrow residents that had been awarded New Year Honours by Her Majesty the Queen, noting with particular pleasure that Harrow’s former Chief Executive, Mr Antony Gerard Redmond, had received a Knighthood for services to local government.

The Council joined the Mayor in congratulating Councillors Mr and Mrs Seymour on the birth of their twins, Jonathan and Charlotte.

The Mayor then referred to those instances where a serving Deputy Mayor did not ascend to the position of the Mayor of the Borough.  He spoke highly of the hard work and commitment such appointees gave to the role and that this went unmarked by the authority.  In recognition of their hard work and commitment, he proposed a new tradition whereby a memento of appreciation be awarded where these unusual instances arose.  To this end, the Mayor welcomed Mary John and Councillor Chris Mote to the Dais and presented them with a memento in recognition of their Deputy Mayoral Years.

RESOLVED:  That the report of the Worshipful the Mayor, as tabled, be 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 Bill Stephenson, moved a procedural motion under Rule 26.1 that, for the purposes of the debate on the Revenue Budget,  the rules of debate be varied, as set out in the tabled documents, and that the procedure therein be also applied to the reports on the Housing Revenue Account, the Treasury Management Strategy, the Prudential Indicators and Minimum Revenue Provision, the Capital Programme and the Corporate Plan insofar as the recommendations and amendments be debated jointly.

(ii)               Councillor Barry Macleod-Cullinane, duly seconded by Councillor Paul Osborn, proposed a variation of the order of the business on the Summons to permit the hearing of Item 17 – Questions with Notice prior to the commencement of the joint debate on Items 8-12 on the Summons.  Upon a vote, this Motion was lost.

(iii)             The Leader of the Council, Councillor Bill Stephenson, rose to request the Mayor to reconsider his decision concerning the admission of the Motion at Item 18(3) – EU Funding.  The Mayor reconsidered the content of the Motion and ruled that the Motion, as worded, was not relevant to Harrow and therefore Out of Order.  He therefore withdrew the item and his previous decision.

(iv)              The Mayor advised that Item 14 – Draft West London Waste Plan was withdrawn as the issue had been resolved under the urgency process.  

RESOLVED:  That

(1)               the meeting be conducted in the order of the business set out on the Summons;

(2)               the partial suspension under Rule 25.1 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:

·        Item 8 – Corporate Plan – Vision and Priorities

·        Item 9 – Revenue Budget 2011/12 to 2015/16

·        Item 10 – Housing Revenue Account Budget 2011/12 – 2015/16

·        Item 11 - Capital Programme 2011/12 – 2015/16

·        Item 12 - Treasury Management Strategy, Prudential Indicators and Minimum Revenue Provision Policy and Strategy 2011/12;

(3)               the withdrawal of Item 14 – Draft West London Waste Plan be noted.

(4)               the withdrawal, by the Mayor, of Motion 18(3) ‘EU Funding’ as not being relevant to Harrow and therefore Out of Order, be noted.

Councillors Husain Akhtar, Mrs Camilla Bath, Christine Bednell, Mrs Lurline Champagnie OBE, Kam Chana, Ramji Chauhan, John Cowan, Tony Ferrari, Stephen Greek, Susan Hall, Barry Macleod-Cullinane, Mrs Vina Mithani, Chris Mote, Janet Mote, John Nickolay, Joyce Nickolay, Paul Osborn, Richard Romain, Anthony Seymour, Lynda Seymour, Stanley Sheinwald, Mark Versallion, Simon Williams and Stephen Wright wished to be recorded as having voted in favour of varying the order of business set out on the Summons.

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.

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].

In accordance with Rule 11, the questions submitted by members of the public and responded to by Portfolio Holders are contained at Appendix I.

Recommendation I:             Cabinet

                                                (10 February 2011)

(i)                 Further to item 8 on the Summons, the Council received Recommendation I of the Cabinet meeting held on 10 February 2011.

(ii)               The Leader of the Council, Councillor Bill Stephenson, formally moved the Recommendation.

(iii)             Following a full debate and, upon a vote, the substantive Recommendation was carried and adopted.

RESOLVED:  That the Vision and Priorities together with the Corporate Plan prepared to reflect the Vision and Priorities be adopted.

Councillors Husain Akhtar, Mrs Camilla Bath, Christine Bednell, Mrs Lurline Champagnie OBE, Kam Chana, Ramji Chauhan, John Cowan, Tony Ferrari, Stephen Greek, Susan Hall, Barry Macleod-Cullinane, Mrs Vina Mithani, Chris Mote, Janet Mote, John Nickolay, Joyce Nickolay, Paul Osborn, Richard Romain, Anthony Seymour, Lynda Seymour, Stanley Sheinwald, Mark Versallion, Simon Williams and Stephen Wright wished to be recorded as having voted against the Recommendation set out on the Summons.

Recommendation II:                        Cabinet

                                                (10 February 2011)

(i)                 Further to item 9 on the Summons, the Leader of the Council, Councillor Bill Stephenson, moved Recommendation II of the Cabinet meeting held on 10 February 2011

(ii)               Following a full debate, during which in accordance with Rule 12.1, a number of Questions Without Notice were asked and responded to, and upon a vote, the Recommendations were carried and adopted.

RESOLVED:  That

(1)               the Revenue Budget 2011/12 – 2015/16 be approved, to enable the Council Tax for 2011/12 to be set;

(2)               the model Council Tax resolution at Appendix II to these minutes, be approved;

(3)               Members’ Allowances be frozen and the current Members’ Allowances Scheme be adopted for 2011/12;

(4)               the proposed Virement Rules be added to the Financial Regulations;

(5)               the Policy on the Use of Contingency be approved;

(6)               the Schools Budget be approved;

(7)               the Reserves Policy be approved.

Councillors Husain Akhtar, Mrs Camilla Bath, Christine Bednell, Mrs Lurline Champagnie OBE, Kam Chana, Ramji Chauhan, John Cowan, Tony Ferrari, Stephen Greek, Susan Hall, Barry Macleod-Cullinane, Mrs Vina Mithani, Chris Mote, Janet Mote, John Nickolay, Joyce Nickolay, Paul Osborn, Richard Romain, Anthony Seymour, Lynda Seymour, Stanley Sheinwald, Mark Versallion, Simon Williams and Stephen Wright wished to be recorded as having voted against the Recommendations set out on the Summons.

Recommendation III:           Cabinet

                                                (10 February 2011)

With regard to item 10 on the Summons the Leader of the Council, Councillor Bill Stephenson, moved Recommendation III of the Cabinet meeting held on 10 February 2011.

RESOLVED:  That

(1)               the Housing Revenue Account for 2011/12, at Appendix III to these minutes, be approved;

(2)               the Housing Revenue Account Capital Programme, at Appendix IV to these minutes, be approved.

Councillors Husain Akhtar, Mrs Camilla Bath, Christine Bednell, Mrs Lurline Champagnie OBE, Kam Chana, Ramji Chauhan, John Cowan, Tony Ferrari, Stephen Greek, Susan Hall, Barry Macleod-Cullinane, Mrs Vina Mithani, Chris Mote, Janet Mote, John Nickolay, Joyce Nickolay, Paul Osborn, Richard Romain, Anthony Seymour, Lynda Seymour, Stanley Sheinwald, Mark Versallion, Simon Williams and Stephen Wright wished to be recorded as having voted against the Recommendation set out on the Summons.

Recommendation IV:          Cabinet

                                                (10 February 2011)

Concerning item 11 on the Summons the Leader of the Council, Councillor Bill Stephenson, moved Recommendation IV of the Cabinet meeting held on 10 February 2011.

RESOLVED:  That the Capital Programme for 2011/12 to 2015/16 be approved.

Councillors Husain Akhtar, Mrs Camilla Bath, Christine Bednell, Mrs Lurline Champagnie OBE, Kam Chana, Ramji Chauhan, John Cowan, Tony Ferrari, Stephen Greek, Susan Hall, Barry Macleod-Cullinane, Mrs Vina Mithani, Chris Mote, Janet Mote, John Nickolay, Joyce Nickolay, Paul Osborn, Richard Romain, Anthony Seymour, Lynda Seymour, Stanley Sheinwald, Mark Versallion, Simon Williams and Stephen Wright wished to be recorded as having voted against the Recommendation set out on the Summons.

Recommendation V:           Cabinet

                                                (10 February 2011)

Further to item 12 on the Summons the Leader of the Council, Councillor Bill Stephenson, moved Recommendation V of the Cabinet meeting held on 10 February 2011.

RESOLVED:  That

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

(2)               the Minimum Revenue Provision Policy and Strategy for 2011/12 be approved.

Councillors Husain Akhtar, Mrs Camilla Bath, Christine Bednell, Mrs Lurline Champagnie OBE, Kam Chana, Ramji Chauhan, John Cowan, Tony Ferrari, Stephen Greek, Susan Hall, Barry Macleod-Cullinane, Mrs Vina Mithani, Chris Mote, Janet Mote, John Nickolay, Joyce Nickolay, Paul Osborn, Richard Romain, Anthony Seymour, Lynda Seymour, Stanley Sheinwald, Mark Versallion, Simon Williams and Stephen Wright wished to be recorded as having voted against the Recommendations set out on the Summons.

Recommendation I:             Cabinet

                                                (15 December 2010)

Recommendation I:             Overview and Scrutiny Committee

                                                (9 February 2011)

With regard to item 13 on the Summons the Leader of the Council, Councillor Bill Stephenson, moved Recommendation I of the Cabinet meeting held on 15 December 2010 and noted the submission of Recommendation I of the Overview and Scrutiny Committee held on 9 February 2011.

RESOLVED:  That

(1)               the comments of the Overview and Scrutiny Committee be received;

(2)               the Single Equalities Scheme (SES) be approved.

Recommendation VI:          Cabinet

                                                (10 February 2011)

With regard to item 15 on the Summons the Leader of the Council, Councillor Bill Stephenson, moved Recommendation VI of the Cabinet meeting held on 10 February 2011.

RESOLVED:  That

(1)               the submission version of the Core Strategy be placed on a six week statutory pre-submission consultation subject to authority being delegated to the Divisional Director Planning, in consultation with the Portfolio Holder for Planning, Development and Enterprise, to agree amendments to the proposed submission version of the Core Strategy to reflect any changes deemed appropriate prior to the pre-submission publication;

(2)               the Core Strategy be approved for submission to the Secretary of State following the pre-submission consultation, subject to the following:

(a)               authority being delegated to the Divisional Director Planning, in consultation with the Portfolio Holder for Planning, Development and Enterprise, to agree a schedule of any minor amendments to the Core Strategy resulting from the six week pre-submission consultation and to submit the schedule of minor amendments to the Secretary of State along with the Core Strategy;

(b)              any substantial amendments to the Core Strategy being reported back to the Cabinet.

Recommendation II:                        Overview and Scrutiny Committee

                                                (9 February 2011)

With regard to item 16 on the Summons the Chairman of the Overview and Scrutiny Committee, Councillor Jerry Miles, moved Recommendation II of the meeting held on 9 February 2011.

RESOLVED:  That the change to the name of the Sub-Committee to Health and Social Care Scrutiny Sub?Committee, with its revised terms of reference as set out at Appendix IV to these minutes, be ratified.

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].

In accordance with Rule 12, the questions submitted by Councillors to which written responses were provided by Portfolio Holders, are contained at Appendix VI to these minutes.

The following Motions have been notified in accordance with the requirements of Council Procedure Rule 14, to be moved and seconded by the Members indicated:-

(i)                 At item 18(1), the Council received a replacement Motion, in the tabled papers, in the names of Councillors Paul Osborn and Barry Macleod-Cullinane with the following terms:

“This Council fully supports the plan put forward by the Director of Legal & Governance Services in ‘The Lawyer’ magazine to automatically publish all information that could be disclosed under an FOI request on the Council’s website.

This plan will:

·           further the understanding of and participation in the public debate of issues;

·           promote accountability and transparency in decisions made by the Council;

·           promote accountability and transparency in the spending of public money.

This Council fully supports the transparency agenda and welcomes public interest in its activities and decisions.  Harrow could be an exciting example of a public authority showing what you can do when you think of the FOI Act as an opportunity, not a burden.  It is committed to turning the traditional edifice on its head and moving away from the defensive position of keeping everything to itself and towards making information public whenever possible.  This Council wants to be one which publishes information because it wants to, not because it has to.

This Council therefore instructs the Chief Executive to work with the Director of Legal and Governance Services, other senior officers and Councillors of all parties in bringing this plan to fruition as soon as possible – with a full report brought to Cabinet within the next 12 months.”

(ii)               There was an amendment proposed in the names of Councillors Graham Henson and Victoria Silver, which sought to amend the Motion to read as follows:

“This Council fully supports openness and transparency and welcomes public interest in its activities and decisions.

This Council will publish information not because it has to, but because it wants to.  However, this Labour-led Council believes that 'open government' should go well beyond the publication of information and data.  This Council will continue to seek every opportunity to not only inform residents about what their Council is doing in a way that is truly transparent but , more importantly, to actively involve and engage them in issues affecting their community.”

(iii)             Upon a vote, the amendment at (ii) was carried.

(iv)              Upon a further vote, the substantive Motion at (ii) was carried.

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

(i)                 At item 18(2), the Council received a Motion in the names of Councillors Barry Macleod-Cullinane and Susan Hall in the following terms:

“This Council believes that the Local Government Association (LGA) should properly recognise the full reality of the reduction in government funding faced by local authorities, both in terms of the subscription charged to member authorities and in decisions taken about its Chief Executive’s pay and conditions.

This Council therefore instructs the Chief Executive to write to the LGA to ask that Harrow’s subscription be reduced proportionate to the reduction in central government funding to free up more money to pay for front line services to the benefit of Harrow residents.

Furthermore, should the LGA not agree to such a reduction and not respond before the close of business (5pm) on 28^th March, this Council instructs the Chief Executive to immediately write to the LGA, ensuring receipt of this letter by 31^st March, giving the required 12 months’ notice of Harrow’s intention to withdraw from the LGA, with such withdrawal to take effect from 1^st April 2012.”

(ii)               There was an amendment proposed in the names of Councillors Bill Stephenson and Graham Henson, which sought to amend the Motion to read as follows:

“This Council believes that all bodies to which it is affiliated to should properly recognise the full reality of the reduction in government funding faced by local authorities in terms of the subscription charged to member authorities and the services which they provide. Council further notes that its subscription to the Local Government Association has been cut by 13% for next financial year.

This Council instructs the Chief Executive to set up a review of all major organisations to which it is affiliated to consider whether it should continue its affiliation and to make the above points to those organisations to which it decides to remain affiliated.”

(iii)             Upon a vote, the amendment at (ii) was carried.

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

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

Report of the Director of Legal and Governance Services.

The Council received a report of the Director of Legal and Governance Services providing a summary of the urgent decisions taken by Cabinet, and the use of the special urgency procedure since the last meeting.

RESOLVED:  That the report be noted.

Report of the Director of Legal and Governance Services.

The Extraordinary Council received a report of the Director of Legal and Governance Services advising of one urgent decision taken in respect of matters reserved to Council, following consultation with the Leaders of each of the Political Groups, since the last meeting.

RESOLVED:  That the decision taken under delegation by the Chief Executive, on behalf of Council, be noted.

(i)                 At 10.26 pm, during the debate, the Mayor asked if Members wished to extend the meeting.  The Leader of the Council, Councillor Bill Stephenson, proposed that the time be extended until the conclusion of the debate on items 8-14, upon which the guillotine procedure be implemented.  There was no dissent and this ruling was applied by the Mayor;

(ii)               at 10.35 pm, upon the conclusion of the debate on items 8-14, 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 the following Items: