Agenda and minutes

Full Council
Wednesday, 27th January, 2016 7.00 pm

Venue: Council Chamber - Hammersmith Town Hall. View directions

Contact: Kayode Adewumi  Tel: 020 8753 2499

Items
No. Item

1.

Minutes of the previous meeting pdf icon PDF 327 KB

To approve and sign as an accurate record the Minutes of the Council Meeting held on 21 October 2015.

Additional documents:

Minutes:

RESOLVED

That the minutes of the Council Meeting held on 21 October 2015were confirmed and signed as an accurate record.

2.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors Michael Cartwright and Robert Largan.

 

Apologies for lateness were received from Councillor Joe Carlebach.

3.

Mayor's/Chief Executive's Announcements (If Any)

Minutes:

The Mayor announced the passing of former Mayor and Councillor Daniel Filson. Mr Filson was first elected as a Councillor in Hammersmith and Fulham’s Coningham Ward in May 1982. He also represented Walham Ward and Normand Ward before serving as Deputy Mayor in 1991 and Mayor in 1992. The Council observed a minute of silence in remembrance.

4.

Declarations of Interests

If a Councillor has a disclosable pecuniary interest in a particular item, whether or not it is entered in the Authority’s register of interests, or any other significant interest which they consider should be declared in the public interest, they should declare the existence and, unless it is a sensitive interest as defined in the Member Code of Conduct, the nature of the interest at the commencement of the consideration of that item or as soon as it becomes apparent.

 

At meetings where members of the public are allowed to be in attendance and speak, any Councillor with a disclosable pecuniary interest or other significant interest may also make representations, give evidence or answer questions about the matter.  The Councillor must then withdraw immediately from the meeting before the matter is discussed and any vote taken.

 

Where Members of the public are not allowed to be in attendance and speak, then the Councillor with a disclosable pecuniary interest should withdraw from the meeting whilst the matter is under consideration. Councillors who have declared other significant interests should also withdraw from the meeting if they consider their continued participation in the matter would not be reasonable in the circumstances and may give rise to a perception of a conflict of interest.

 

Councillors are not obliged to withdraw from the meeting where a dispensation to that effect has been obtained from the Audit, Pensions and Standards Committee. 

 

Minutes:

In respect of Item 7.5 – Special Motion 5:

  • Councillors Greg Smith and PJ Murphy declared non-pecuniary interests as Directors of Riverside Studios.
  • Councillors Adam Connell, Hannah Barlow, Sue Fennimore, and Belinda Donovan declared non-pecuniary interests as Trustees of the Lyric Theatre.

 

In respect of Item 7.2 – Special Motion 2:

  • Councillors Colin Aherne, Rory Vaughan, Lisa Homan, Andrew Jones, Wesley Harcourt, Adam Connell, Guy Vincent, Stephen Cowan, and Natalia Perez declared non-pecuniary interests as members of Unite the Union.
  • Councillors Sharon Holder, Elaine Chumnery, Larry Culhane, Ali Hashem, and Alan De’Ath declared non-pecuniary interests as members of the GMB.
  • Councillor Guy Vincent declared a non-pecuniary interest as a member of The Law Society.
  • Councillor Max Schmid and Sue Macmillian declared non-pecuniary interests as members of Community Union.

 

All members who declared interests considered that they did not give rise to a perception of a conflict of interest and, in the circumstances, it would be reasonable to participate in the relevant discussions and vote thereon.

 

5.

Public Questions (20 Minutes)

The Leader/relevant Cabinet Member to reply to questions submitted by members of the public:

 

 

5.1

Question 1 - Joint Venture to Re-develop Watermeadow Court and Edith Summerskill House pdf icon PDF 54 KB

Additional documents:

Minutes:

7.08pm - The Mayor called on Andrew Johnson who had submitted a question to the Leader of the Council, Councillor Stephen Cowan, to ask his question. Councillor Andrew Jones responded on behalf of the Leader. Andrew Johnson asked a supplementary question which was also answered.

 

(A copy of the public question submitted and the replies given are attached at Appendix 1 to these minutes).

6.

Items for Discussion/Committee Reports

Minutes:

The Mayor informed Council that there was an amendment to Item 6.4 – Review of the Constitution. The proposed amendment to the officer scheme of delegation relating to the Town & Country Planning Act 1990, detailed in paragraph 5.2 of the report (and delegated function 215 in Appendix 1 attached to the report) had been withdrawn from consideration.

6.1

Council Tax Support Scheme 2016/17 pdf icon PDF 277 KB

Additional documents:

Minutes:

7.16pm – The report and recommendations were formally moved for adoption by Councillor Max Schmid.

 

The report and recommendations were put to the vote:

 

FOR

AGAINST

NOT VOTING

UNANIMOUS

0

0

 

The report and recommendations were declared CARRIED.

 

7.17pm – RESOLVED

 

  1. That the Council continues with a scheme that reflects the old Council tax benefit regulations as much as possible meaning no one in the borough is worse off.

 

  1. That the Council continues to assess out of work Universal Credit on full CTS.

 

  1. For in work UC cases, the UC applicable amounts will form part of our calculation and any unearned and earned income will be subject to the normal 20% excess income calculation.

6.2

Council Tax Base and Collection Rate 2016-17 pdf icon PDF 202 KB

Minutes:

7.17pm – The report and recommendations were formally moved for adoption by Councillor Max Schmid.

 

The report and recommendations were put to the vote:

 

FOR

AGAINST

NOT VOTING

Unanimous

0

0

 

The report and recommendations were declared CARRIED.

 

7.17pm – RESOLVED

 

That approval be given to the following recommendations for the financial year

2016/17:

1.    That the estimated numbers of properties for each Valuation Band as set out in this report be approved.

2.    That an estimated Collection rate of 97.5% be approved.

3.    That the Council Tax Base of 74,041 Band “D” equivalent properties be approved

4.    To delegate authority to the Strategic Director of Financial Corporate Services, in consultation with the Lead Member for Finance, to determine the business rates tax base for 2016/17 as set out in section 11 of this report.

6.3

Contract Standing Orders 2016 pdf icon PDF 141 KB

Additional documents:

Minutes:

7.18pm – The report and recommendations were formally moved for adoption by Councillor Ben Coleman.

 

The report and recommendations were put to the vote:

 

FOR

AGAINST

NOT VOTING

UNANIMOUS

0

0

 

The report and recommendations were declared CARRIED.

 

7.17pm – RESOLVED

 

2.1.      That Council adopt the revised Contract Standing Orders as set out in Appendix 1 to the report as part of the Council’s Constitution.

 

2.2.      That Council specifically approve the following changes in sections 8 and 17 of the revised CSOs:

a)   That for all procurements in excess of £100,000, Chief Officers, acting on advice from Service Review Teams, must develop and present to full Cabinet for approval a commissioning and procurement strategy and supporting business case with options appraisal for the proposed procurement. (Appended CSOs 8.11.1)

b)   That all commissioning strategies for procurements at or above £100,000 (except those relating to pensions) must be approved by full Cabinet prior to the commencement of any tendering process and agreed as a Key Decision. (Appended CSOs 8.12.1)

c)   That the above commissioning and procurement strategy report to Cabinet must include the details contained in clause 8.11.1 (a) – (n) in the appended CSOs.

d)   That the commissioning and procurement strategy report to Cabinet must detail the frequency of any interim reports to relevant lead Cabinet Members on the procurement as it proceeds. (Appended CSOs 8.12.2)

e)   That the specific approval of the Commercial Director must be contained in the commissioning and procurement strategy report where it is the intention to create a framework agreement that other public bodies may call-off from. (Appended CSO 8.12.3)

f)    That in normal circumstances for contracts valued at between £100,000 to below £5,000,000, and where:

i) the actual contract value is less than £5,000,000; and

ii) the returned tender falls within a +10% tolerance of the estimated financial value set out in the commissioning and procurement strategy report approved by Cabinet – the award decision will be delegated to the appropriate Cabinet Member(s).

g)   That where the conditions described in Recommendation 2.2(f) above do not apply or are not met, the contract award decision is reserved for full Cabinet.

h)  That “normal circumstances” under 2.2(f) above means an automatic delegation unless the Cabinet decide they wish to reserve the contract award decision to the Cabinet. (Appended CSOs 17.3.1- 17.3.3)

 

2.3.      That in recognition of the need for a transition period from approval of the changes recommended in 2.2 above, and in order to enable adequate pre-Cabinet governance requirements to be met on imminent procurements, the CSO changes come into effect on 1st July 2016, with the Council implementing the new arrangement ahead of this date wherever practical during the transition period.

 

2.4.      That Council approve delegated authority to the Cabinet Member for Finance and the Cabinet Member for Commercial Revenue and Resident Satisfaction to issue “Purchasing Guides” to help implement Council policy and set out good procurement practice. These guides will supplement the provisions contained in CSOs.

6.4

Review of the Constitution pdf icon PDF 92 KB

Additional documents:

Minutes:

7.19pm – The report and recommendations were formally moved for adoption by The Leader of the Council, Councillor Stephen Cowan.

 

Speeches on the report were made by Councillors Lucy Ivimy and Alex Karmel (for the Opposition) and Stephen Cowan and PJ Murphy (for the Administration).

 

The report and recommendations were put to the vote:

 

FOR

AGAINST

NOT VOTING

UNANIMOUS

0

0

 

The report and recommendations were declared CARRIED.

 

7.25pm – RESOLVED

 

To note that the proposed amendment to the officer scheme of delegation relating to the Town & Country Planning Act 1990, detailed in paragraph 5.2 of the report (and delegated function 215 in Appendix 1 attached to the report) had been withdrawn from consideration.

 

That the changes to the Officers Scheme of delegation to reflect new legislative changes in Appendix 1 of the report, as amended, be approved.

7.

Special Motions

To consider and determine any Special Motions:

 

Minutes:

7.26pm – Under Standing Order 15(e) iii, Councillor Colin Aherne moved and Councillor Larry Culhane seconded a motion that Special Motions 8, 4, 3, and 7 take precedence on the agenda. This was agreed.

7.1

Special Motion 8 - Imperial Wharf Fulham Crossrail 2 Station pdf icon PDF 52 KB

Minutes:

7.27pm – Councillor Andrew Jones moved, seconded by Councillor Colin Aherne, the special motion in their names:

 

“This Council is aware of the significant developments in Sands End Ward that have already taken place and note further ones in the pipeline and therefore resolve to continue to lobby Crossrail 2 to construct a new station at Imperial Wharf Fulham that will allow for interchange with Crossrail 2. The upgrading of the West London Line has been a great success but it is now at full capacity at peak times. A new interchange station at Imperial Wharf will bring much needed improvements to rail travel in Fulham.”

 

Speeches on the special motion were made by Councillors Andrew Jones, Sharon Holder, and Lisa Homan (for the Administration) and Councillors Greg Smith, Steve Hamilton, Jane Law, Nicholas Botterill, and Mark Loveday (for the Opposition).

 

The motion was then put to the vote.

 

FOR

AGAINST

NOT VOTING

UNANIMOUS

0

0

 

The motion was declared CARRIED.

 

8.07pm – RESOLVED

 

This Council is aware of the significant developments in Sands End Ward that have already taken place and note further ones in the pipeline and therefore resolve to continue to lobby Crossrail 2 to construct a new station at Imperial Wharf Fulham that will allow for interchange with Crossrail 2. The upgrading of the West London Line has been a great success but it is now at full capacity at peak times. A new interchange station at Imperial Wharf will bring much needed improvements to rail travel in Fulham.

7.2

Special Motion 4 - Rejecting George Osborne's Stealth Tax pdf icon PDF 126 KB

Minutes:

8.08pm – Councillor Max Schmid moved, seconded by Councillor Colin Aherne, the special motion in their names:

 

“This Council notes that:

·         The Labour administration was elected on a manifesto of reducing the cost of the council to residents.

·         By cutting key fees and charges and being the only council in London to cut council tax last year, the administration is delivering on the promise of reducing the cost of the council to residents.

·         The 2015 Conservative Party national manifesto had no provision to increase council tax and rather claimed that a Conservative Government would “help local authorities keep council tax low for hardworking taxpayers”.

·         Regrettably, George Osborne proposed in the November 2015 Comprehensive Spending Review that instead of properly funding adult social care through national taxation they would recommend that local councils increase council tax through a ‘social care precept’.

·         The Department for Communities and Local Government include the assumption in spending power projections for LBHF that and other councils that authorities apply the precept and increase their council tax every year by 2% during the current parliament.

·         The Provisional Local Government Finance Settlement for 2016/17 sees a grant reduction of £8.2m for LBHF. In addition, the Government has imposed £2.885m of new responsibilities on LBHF without providing any corresponding funding .

 

The Council resolves to:

·         Reject the Government’s recommendation that council tax increases by 2% per year every year.

·         Call on the Government to honour its commitment to “help local authorities keep council tax low” rather than transferring more of the funding burden for social care to local taxpayers.”

 

Speeches on the special motion were made by Councillors Max Schmid, PJ Murphy, Vivienne Lukey, and Stephen Cowan (for the Administration) and Councillors Greg Smith and Harry Phibbs (for the Opposition).

 

The motion was then put to the vote:

 

FOR

AGAINST

NOT VOTING

24

19

0

 

The motion was declared CARRIED.

 

8:43pm – RESOLVED

 

This Council notes that:

·         The Labour administration was elected on a manifesto of reducing the cost of the council to residents.

·         By cutting key fees and charges and being the only council in London to cut council tax last year, the administration is delivering on the promise of reducing the cost of the council to residents.

·         The 2015 Conservative Party national manifesto had no provision to increase council tax and rather claimed that a Conservative Government would “help local authorities keep council tax low for hardworking taxpayers”.

·         Regrettably, George Osborne proposed in the November 2015 Comprehensive Spending Review that instead of properly funding adult social care through national taxation they would recommend that local councils increase council tax through a ‘social care precept’.

·         The Department for Communities and Local Government include the assumption in spending power projections for LBHF that and other councils that authorities apply the precept and increase their council tax every year by 2% during the current parliament.

·         The Provisional Local Government Finance Settlement for 2016/17 sees a grant reduction of £8.2m for LBHF. In addition, the Government has imposed £2.885m of  ...  view the full minutes text for item 7.2

7.3

Special Motion 3 - Calling on the Conservative Government to abandon its plans to cut up to 10% of funding from H&F schools pdf icon PDF 110 KB

Minutes:

8.44pm – Councillor Sue Macmillan moved, seconded by Councillor Alan De’Ath, the special motion in their names:

 

“This Council welcomes the excellent work done by Hammersmith and Fulham’s schools in providing a first class education for our children and young people.

 

The Council notes with concern that recent announcements by both the Chancellor, George Osborne, and the Secretary of State for Education, Nicky Morgan, have confirmed the Government’s intention to shift funding away from ‘overfunded’ authorities in London to ‘underfunded’ authorities elsewhere.

 

The Council further notes that if the proposed approach were adopted, it could mean a reduction of £10.9m (10.6%) in funding for Hammersmith and Fulham’s Schools and that Hammersmith and Fulham could be one of the worst affected local authorities in the Country.

 

This Council therefore calls on the Conservative Government to reverse these plans and ensure that Hammersmith and Fulham’s Schools are fully funded so that they can continue to provide an excellent education for the Borough’s children and young people.”

 

Speeches on the special motion were made by Councillors Sue Macmillan and Alan De’Ath (for the Administration).

 

Under Standing Order 15(e) (vi), Councillor Caroline Ffiske moved, seconded by Councillor Lucy Ivimy, an amendment to the motion as follows:

 

1.         Delete title and insert “Schools Funding”.

 

2.         Delete paragraphs (2) to (4) and insert:

 

“(2) Notes the government’s plans to introduce the first ever national funding formula for schools, high needs and early years, with the detailed consultation beginning in 2016.

 

(3) When the details of the consultation become known, commits to working with Hammersmith & Fulham schools and Tri-borough partners to respond in detail to the consultation.

 

(4) Pledges to work to ensure:

(a) that any final formula recognises the particular funding requirements for the borough’s schools, including pupil needs and cost differentials, and that;

(b) our local schools are fully funded to provide an excellent education for the Borough’s children.”

 

Speeches on the amendment to the special motion were made by Councillors Caroline Ffiske, Viya Nsumbu, and Donald Johnson (for the Opposition) and Councillor Sue Macmillan (for the Administration).

 

The amendment to the special motion was then put to the vote.

 

FOR

AGAINST

NOT VOTING

18

24

0

 

The amendment to the special motion was declared LOST.

 

Speeches on the substantive motion were made by Councillors Caroline Needham and Sue Macmillan (for the Administration).

 

The substantive motion was then put to the vote and a roll call was requested:

 

 

FOR

 

AGAINST

 

 

NOT VOTING

 

AHERNE

 

ALFORD

 

UMEH

 

BARLOW

 

 

ADAM

 

BROWN (D)

 

 

 

BOTTERILL

 

CASSIDY

 

 

 

BROWN (A)

 

CHUMNERY

 

 

 

DEWHIRST

 

COLEMAN

 

 

 

DONOVAN

 

CONNELL

 

 

 

FFISKE

 

COWAN

 

 

 

GINN

 

CULHANE

 

 

 

HAMILTON

 

DE’ATH

 

 

 

IVIMY

 

FENNIMORE

 

 

 

JOHNSON

 

HARCOURT

 

 

 

KARMEL

 

HASHEM

 

 

 

LOVEDAY

 

HOLDER

 

 

 

NSUMBU

 

HOMAN

 

 

 

PHIBBS

 

JONES

 

 

 

SMITH

 

LUKEY

 

 

 

STAINTON

 

MACMILLAN

 

 

 

 

 

MURPHY

 

 

 

 

 

NEEDHAM

 

 

 

 

 

PEREZ

 

 

 

 

 

SCHMID

 

 

 

 

 

VAUGHAN

 

 

 

 

 

VINCENT

 

 

 

 

 

FOR

AGAINST

NOT VOTING

24

1

17

 

The motion was declared CARRIED.

 

9.19pm – RESOLVED

 

This Council welcomes the excellent work done by Hammersmith and Fulham’s schools in providing a first class education for our children and young people.

 

The Council notes with concern that recent  ...  view the full minutes text for item 7.3

7.4

Special Motion 7 - Neighbourhood Health Forums pdf icon PDF 104 KB

Minutes:

9.20pm – Councillor Sharon Holder moved, seconded by Councillor Rory Vaughan, the special motion in their names:

 

“This Council welcomes the fact that residents in Hammersmith and Fulham are being invited to come and have their say on local healthcare at Neighbourhood Health Care Forums.

 

These events will provide local residents a platform to air their views directly to the NHS.

 

As part of the Council’s healthcare priorities it is essential that the Council hears the views and experiences of local residents.”

 

Speeches on the special motion were made by Councillors Sharon Holder and Rory Vaughan (for the Administration).

 

Under Standing Order 15(e) (vi), Councillor Andy Brown moved, seconded by Councillor Joe Carlebach, an amendment to the motion as follows:

 

Add the following:

 

“The Council recognises that the health needs of our vulnerable residents are often complex and diverse requiring specific detailed multidisciplinary care solutions.

 

The Council will make every effort to ensure that invitations are extended to groups representing our vulnerable residents and in particular those representing and working with children and adults with all forms of disabilities as well as the frail elderly.”

 

Speeches on the amendment to the special motion were made by Councillors Joe Carlebach and Andy Brown (for the Opposition) and Councillor Sharon Holder (for the Administration).

 

The amendment to the special motion was then put to the vote and a roll call was requested.

 

 

FOR

 

AGAINST

 

 

NOT VOTING

 

ADAM

 

AHERNE

 

UMEH

 

ALFORD

 

BARLOW

 

 

 

BOTTERILL

 

BROWN (D)

 

 

 

BROWN (A)

 

CASSIDY

 

 

 

DEWHIRST

 

CHUMNERY

 

 

 

DONOVAN

 

COLEMAN

 

 

 

FFISKE

 

CONNELL

 

 

 

GINN

 

COWAN

 

 

 

HAMILTON

 

CULHANE

 

 

 

IVIMY

 

DE’ATH

 

 

 

JOHNSON

 

FENNIMORE

 

 

 

KARMEL

 

HARCOURT

 

 

 

LOVEDAY

 

HASHEM

 

 

 

NSUMBU

 

HOLDER

 

 

 

PHIBBS

 

HOMAN

 

 

 

SMITH

 

JONES

 

 

 

STAINTON

 

LUKEY

 

 

 

 

 

MACMILLAN

 

 

 

 

 

MURPHY

 

 

 

 

 

NEEDHAM

 

 

 

 

 

PEREZ

 

 

 

 

 

SCHMID

 

 

 

 

 

VAUGHAN

 

 

 

 

 

VINCENT

 

 

 

FOR

AGAINST

NOT VOTING

18

24

1

 

The amendment to the special motion was declared LOST.

 

Speeches on the substantive motion were made by Councillors Joe Carlebach and Andy Brown (for the Opposition) and Councillors Ben Coleman, Sue Fennimore, Stephen Cowan, and Sharon Holder (for the Administration).

 

The substantive motion was then put to the vote:

 

FOR

AGAINST

NOT VOTING

UNANIMOUS

0

0

 

The motion was declared CARRIED.

 

10.02pm – RESOLVED

 

This Council welcomes the fact that residents in Hammersmith and Fulham are being invited to come and have their say on local healthcare at Neighbourhood Health Care Forums.

 

These events will provide local residents a platform to air their views directly to the NHS.

 

As part of the Council’s healthcare priorities it is essential that the Council hears the views and experiences of local residents.

 

 

The Mayor called the guillotine and special motions 1, 2, 5, and 6 were withdrawn.

7.5

Special Motion 1 - Crossrail 2 Station at Imperial Wharf pdf icon PDF 51 KB

Minutes:

The special motion was withdrawn.

7.6

Special Motion 2 - London Underground Night Service pdf icon PDF 52 KB

Minutes:

The special motion was withdrawn.

7.7

Special Motion 5 - Arts Strategy Consultation pdf icon PDF 118 KB

Minutes:

The special motion was withdrawn.

7.8

Special Motion 6 - Cycling Strategy pdf icon PDF 120 KB

Minutes:

The special motion was withdrawn.