Agenda and minutes

That the minutes of the ordinary meeting held on 4 July 2013 and the extraordinary meetings held on 16 September 2013 and 24 October 2013 (to follow) be taken as read and signed as correct records.

RESOLVED:  That the minutes of the meeting held on 4 July 2013 and the extraordinary meetings held on 16 September 2013 and 24 October 2013 be taken as read and signed as correct records.

To receive declarations of disclosable pecuniary or non pecuniary interests, arising from business to be transacted at this meeting, from all Members of the Council.

RESOLVED:  To note that there were no declarations of interests made by Members.

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

The Mayor requested that Council note the engagements she had undertaken.  The Mayor thanked the Mayoral Team and Council staff for organising a superb parade for Remembrance Sunday.  The Mayor also thanked Sai School of Harrow for providing refreshments and to their pupils who took part in the parade.

The Mayor also informed Council that she had attended Harrow’s Twin Town Douai, as part of the remembrance celebrations.

To receive and consider any procedural motions by Members of the Council in relation to the conduct of this Meeting.  Notice of such procedural motions, received after the issuing of this Summons, will be tabled.

(i)                 Councillor Stoodley moved that the referral of the 20 Minutes Free Parking Motion to Cabinet be disapplied to allow Council to debate the Motion and offer comments or recommendations to Cabinet in its consideration of the matter.  Upon a vote this Procedural Motion was agreed;

(ii)               Councillor Perry moved that the referral of the Chief Executive – Senior Management Structure Motion and the Blacklisting of Employees Motion to Cabinet be disapplied to allow Council to debate the Motions and offer comments or recommendations to Cabinet in its consideration of the matters.  The Mayor ruled that she would only be prepared to allow a vote on the referral of one Motion to Cabinet to be disapplied.  Councillor Perry asked for the Chief Executive – Senior Management Structure Motion to be debated for comments or recommendations to be offered to Cabinet in its consideration of the matter.  Upon a vote this Procedural Motion was agreed;

(iii)             Councillor Stoodley rose to move a Procedural Motion that the 20 Minutes Free Parking Motion be debated after Item 7 – Petition – Cambridge Road Car Park.  Upon a vote, the Procedural Motion was carried.

RESOLVED:  That

(1)               that the referral of the 20 Minutes Free Parking Motion to Cabinet be disapplied to allow Council to debate the Motion and offer comments or recommendations to Cabinet in its consideration of the matter;

(2)               that the referral of the Chief Executive – Senior Management Structure Motion to Cabinet be disapplied to allow Council to debate the Motion and offer comments or recommendations to Cabinet in its consideration of the matter;

(3)               the procedural Motion under Rule 15.1, seeking the consideration of the 20 Minutes Free Parking Motion after Item 7 – Petition – Cambridge Road Car Park, be agreed.

To receive any petitions to be presented:

(i)                 by a representative of the petitioners;

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

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

In accordance with Rule 10, the following petitions were presented:

(i)                 Petition submitted by a resident containing 28 signatures of residents calling upon the Council to mark out parking areas that will allow vehicles to park 2 wheels on the curb in Belsize Road.

[The Petition stood referred to the Portfolio Holder for Community Safety and Environment.]

(ii)               Petition submitted by a resident containing 32 signatures of residents calling upon the Council to completely resurface Chicheley Road.

[The Petition stood referred to the Portfolio Holder for Community Safety and Environment.]

(iii)             Petition submitted by a resident containing 19 signatures of residents calling upon the Council to prioritise installing high powered street lights in Courtenay Gardens and improving lighting levels in the area.

[The Petition stood referred to the Portfolio Holder for Community Safety and Environment.]

(iv)              Petition submitted by a resident containing 50 signatures of residents calling upon the Council to resurface and level the pavement on both sides of Hamden Road.

[The Petition stood referred to the Portfolio Holder for Community Safety and Environment.]

(v)                Petition submitted by a resident containing 52 signatures of residents calling upon the Council to clean up the lane off Long Elmes (behind Natwest) and look to installing a gate and CCTV camera to prevent further fly-tipping.

[The Petition stood referred to the Portfolio Holder for Community Safety and Environment.]

(vi)              Petition submitted by a resident containing 15 signatures of residents calling upon the Council to prioritise installing high powered street lights in Mepham Gardens and Mepham Crescent, and improving lighting levels in the area.

[The Petition stood referred to the Portfolio Holder for Community Safety and Environment.]

(vii)            Petition submitted by a resident containing 27 signatures of residents calling upon the Council to completely resurface the Road surface and pavement on Monro Gardens.

[The Petition stood referred to the Portfolio Holder for Community Safety and Environment.]

(viii)          Petition submitted by a resident containing 60 signatures of residents calling upon the Council to resurface and level the pavement on both sides of Windsor Road and Clewer Crescent.

[The Petition stood referred to the Portfolio Holder for Community Safety and Environment.]

(ix)              Petition submitted by Councillor Graham Henson containing 733 signatures of residents objecting to yellow lines and parking restrictions for the bus route improvement scheme for Eastcote Lane.

[The Petition stood referred to the Portfolio Holder for Community Safety and Environment.]

(x)                Petition submitted by Councillor James Bond containing 587 signatures of residents objecting to the decision of Everyone Active, the management company that runs Harrow Leisure Centre, to close down the Harrow Climbing Wall.

[The Petition stood referred to the Portfolio Holder for Community and Culture.]

(xi)              Petition submitted by Councillor Krishna Suresh containing 300 signatures of residents calling upon the Council to reverse its decision taken at the Cabinet meeting on 17 October and without any delay make permanent provision for free 20 minutes car parking at Rayners Lane.

[The Petition stood referred to the Portfolio Holder for Community Safety and Environment.]  ...  view the full minutes text for item 342.

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 by no later than 3.00 pm two clear working days prior to the day of this Meeting.  Any such questions received will be tabled.

There were no public questions submitted in accordance with Rule 11.

At its meeting on 12 September 2013, Cabinet received a Petition of 3,352 signatures, submitted by Councillor James Bond, on behalf of petitioners and outlining the following terms:

“We, the undersigned, object to Harrow Council’s intentions to withdraw the one hour free parking concession in the Cambridge Road Car Park. We also object to the plans to withdraw the one hour free concession for on-street parking and replace it with 20 minutes only free parking”

The Petition has been subject to the validation process and meets the threshold of signatures needed to engender a Council debate.

Councillor James Bond will read the terms of the petition on behalf of the petition signatories.  There is a period of one minute allocated to present the petition.  A period of 10 minutes is permitted for Members to debate the Petition’s terms and issues.

Following discussion the Council may choose to refer the petition to the Cabinet, taking into account the views expressed by Council. 

(i)                 In accordance with the Council’s Petition Scheme, Members considered a petition which had initially been received at the Cabinet meeting on 12 September 2013;

(ii)               the petition contained 3,352 signatures and its terms were read by Mr Neville Hughes, Head Petitioner, as follows:

“We, the undersigned, object to Harrow Council’s intentions to withdraw the one hour free parking concession in the Cambridge Road Car Park.  We also object to the plans to withdraw the one hour free concession for on-street parking and replace it with 20 minutes only free parking.”

(iii)             A debate was then held on the content of the petition.  The comments made by Members are summarised as follows:

·                     If the 20 minute free parking across the borough was abolished it could lead to the economic recovery in North Harrow going into reverse;

·                     There was no fairness in parking charges across the borough;

·                     Free parking was key to the prosperity of shopping districts and centres;

·                     The parking policy required rectification;

·                     A parking system similar to Hillingdon Council was required;

·                     North Harrow was an area that still had to be nurtured carefully;

·                     Every area was unique and this had to be taken into account when implementing a parking system;

·                     20 minutes free parking across the borough was the best interim solution until a comprehensive parking review had been conducted;

·                     20 minutes free parking did not necessarily increase the footfall in shopping districts and centres;

·                     There was evidence that abuse of the 20 minute free parking period took place with replacement tickets obtained regularly;

·                     Work had been conducted with Hillingdon Council to investigate whether a similar parking system could be utilised in Harrow;

·                     A cross party working group could be established to look at parking across the borough;

·                     Any changes to the parking system in the borough had to be fair and sustainable.

RESOLVED:  That the petition be referred to Cabinet for consideration.

To receive a presentation from the Leader of the Council and Portfolio Holders on business since the last ordinary meeting, followed by a question and answer session.  The item is allotted 20 minutes.

(i)                 The Leader of the Council, Councillor Susan Hall, introduced her report highlighting the achievements, challenges and proposals since the last ordinary meeting;

(ii)               Councillors Graham Henson, John Nickolay, Asad Omar, Paul Osborn and David Perry spoke and/ or asked questions of the Leader of the Council which were duly responded to.

To note the appointments to Cabinet.

Further to item 9 on the Summons, the Leader of the Council, Councillor Susan Hall, confirmed her Deputy Leader and the membership of the Cabinet and respective Portfolios as:

RESOLVED:  That

(i)                 it be noted Councillor Barry Macleod-Cullinane was the Deputy Leader of the Council;

(ii)               the membership of the Executive (Cabinet), allocation of Portfolios to Executive Members for the remainder of 2013/14, together with the Terms of Reference of the Cabinet and the delegations to Portfolio Holders be noted as contained in Appendix I to these minutes.

Recommendation I:             Cabinet

                                                (12 September 2013)

Further to Item 10 on the Summons, the Leader of the Council, Councillor Susan Hall, moved the recommendation set out in the report.

RESOLVED:  That the Community Safety Plan 2013-2017 be agreed and adopted, as set out in appendix II to these minutes.

Recommendation II:                        Cabinet

                                                (17 October 2013)

Further to Item 11 on the Summons, the Leader of the Council, Councillor Susan Hall, moved the recommendation set out in the report.

RESOLVED:  That the Youth Justice Plan 2013-14 be approved and submitted to the Youth Justice Board, as part of the Youth Justice Board grant conditions for 2013/14, as set out in Appendix III to these minutes.

Recommendation III:           Cabinet

                                                (17 October 2013)

Further to Item 12 on the Summons, the Leader of the Council, Councillor Susan Hall, moved the recommendation set out in the report.

RESOLVED:  That the 2013/14 Capital Programme be adjusted to include £9.583 million Targeted Basic Need Programme (TBNP) funding and the 2014/15 and 2015/16 Programmes be agreed as part of the budget setting process.

Recommendation I:             Standards Committee

                                                (11 September 2013)

Further to Item 13 on the Supplemental Summons, the Chair of the Standards Committee, Councillor Simon Williams, moved the recommendation set out in the report.

RESOLVED:  That

(1)               if a dispensation is granted pursuant to Section 33 of the Localism Act 2011 within 28 days, details of the dispensation will be entered into a Register of Dispensations which will be maintained by the Monitoring Officer on behalf of the Standards Committee;

(2)               the Register of Dispensations will be published on the Council’s website by 1 December 2013 unless the dispensation relates to a sensitive interest pursuant to Section 32 of the Localism Act 2011 in which case limited information only may be published;

(3)               the Councillors’ Code of Conduct be amended to reflect a requirement that any dispensations be declared verbally at meetings and in the event of blanket dispensations, the Chair of the relevant meeting declares this at the outset;

(4)               where the dispensation applies to sensitive information the register will state that the member has received a dispensation in respect of an interest, but the details of the interest to which the dispensation relates are being withheld pursuant to Section 32 of the Localism Act 2011.

To receive proposals from the Leader of the Council as to the appointment of Chairmen to Committees for the remainder of the Municipal Year 2013/14 as follows

FOR DECISION

(i)                 a Member raised a Point of Order in that it was believed that the decision to appoint a Chair of the Call-in Sub Committee, Call-in (Education) Sub Committee and Chief Officers’ Employment Panel was reserved to the Overview and Scrutiny Committee and Licensing and General Purposes Committee respectively as contained in the Committee Procedure Rules.  The Mayor subsequently moved a Motion that the appointment of Chairs to the Call-In Sub Committee, Call-in (Education) Sub Committee and Chief Officers’ Employment Panel be referred to the appropriate Committees.  Upon a vote this was not agreed;

(ii)               the Mayor advised that there had been further nominations to the Chairmanships of the relevant Committees and Sub-Committee received from the Labour Group, which had been tabled;

(iii)             Councillor David Perry rose to additionally nominate Councillor Varsha Parmar as Chair of the Standards Committee;

(iv)              the Mayor took a vote on each nomination for each chairmanship.

RESOLVED:  That the following Chairmen of Committees be appointed for the remainder of the Municipal Year 2013/14:

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 and responded to by Portfolio Holders are contained at Appendix IV.  Responses to those questions which were not reached during the period allowed for questions are also included and were circulated to Members in written form.

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:

This Motion was not debated and in accordance with Rules 14.6 and 14.7, this Motion stood referred to the Executive.

In accordance with Rule 14.7, this Motion stood referred to the Executive.

(i)                 In accordance with Rule 16.7 and at Item 16(3) the Council noted the alteration of the Motion set out within the Summons and received the amended Motion in the names of Councillors Thaya Idaikkadar and David Perry in the following terms:

“This Council deplores the haphazard decision taken by the Tory Cabinet to stop the 20 minutes free parking roll out across the Borough which was drawn up and introduced by previous administrations.

This decision was taken to help the local traders and the residents who are already struggling under the immense pressure of the increased cost of living.

It is clear, from the comments made by the members of public and traders at the last Cabinet meeting, that the Traders of Rayners Lane in particular and residents and local shops across the Borough in general, do not understand the decision taken by the Tory Cabinet which was based on incomplete information and with a total lack of consultation.

“This Council calls upon the Leader of the Council, Cllr Susan Hall, to urgently reconsider this decision and roll out free 20 minutes parking across the Borough until June 2014 so that a thorough and objective assessment with input from local businesses can be made by the incoming administration following the 2014 Council elections”.

(ii)               Upon a vote, the Motion, as amended, was agreed for submission to the executive.

RESOLVED:  That the substantive Motion as set out at (i) above, be referred to the Executive.

(i)                 At Item 16(4), the Council received a Motion in the names of Councillors Krishna James and Asad Omar in the following terms:

“This Council will do all it can to ensure that the Constitution is not undermined and that decisions taken by this Council have the confidence of Councillors, Staff and Residents.”

(ii)               Upon a vote, the Motion was agreed.

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

Report of the Director of Legal and Governance Services.

The Director of Legal and Governance Services advised of three urgent decisions taken in respect of matters reserved to Council since the last meeting.

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

(i)                 Prior to Item 15 (Questions With Notice), a Member moved a proposal that the closure of time for the Council meeting be extended until the conclusion of Item 16(1) (Motion – Chief Executive – Senior Management Structure). Upon a vote, this proposal was not agreed.

(ii)               At 10.30 pm, in the course of the consideration of Item 15 (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 15 (Questions With Notice), 16(1) (Motion: Chief Executive – Senior Management Structure), 16(4) (Motion: Harrow Council’s Constitution) and 17 (Decisions Taken Under the Urgency Procedure - Council).

RESOLVED:  That the provisions of Rules 9.2 and 9.3 be applied as set out at (i) and (ii) above.