Agenda and minutes

To approve and sign as an accurate record the Minutes of the Council Meeting held on 28 October 2009.

The minutes of the Council Meeting held on 28 October 2009were confirmed and signed as an accurate record.

Apologies for absence were received from Councillors Paul Bristow, Gill Dickenson, Caroline Ffiske, Rachel Ford, Stephen Greenhalgh, Lisa Nandy and Robert Iggulden.

The Mayor’s Announcements were circulated and tabled at the meeting.  (Copy attached as Appendix 1 to these minutes).

If a Councillor has any prejudicial or personal interest in a particular report he/she should declare the existence and nature of the interest at the commencement of the consideration of the 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 prejudicial 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, unless a dispensation has been obtained from the Standards Committee.

Where members of the public are not allowed to be in attendance, then the Councillor with a prejudicial interest should withdraw from the meeting whilst the matter is under consideration, unless the disability has been removed by the Standards Committee.

Councillor Owen declared a personal interest in agenda item 6.2 (Licensing Act 2003 : Fulham Town Centre – Adoption of a Special Licensing Policy) as a consultant to the British Beer and Pub Association.

The following Councillors declared a personal interest in agenda item 7.4 (Special Motion 4 – Freedom Pass), as follows:-

• Councillors Aherne, Alford, Campbell, Cartwright and Stainton declared that they are in receipt of a Freedom Pass;
• Councillors Umeh and White declared that their husbands are in receipt of a Freedom Pass;
• Councillors Chalk and Karmel declared that their mothers are in receipt of a Freedom Pass;
• Councillor Vaughan declared that his mother-in-law and father-in-law are in receipt of a Freedom Pass;
• Councillor McLaughlin declared that he is in receipt of a Disability Pass;
• Councillor Powell declared that her husband is in receipt of a Disability Pass.

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

7.06pm – The Mayor called on those members of the public who had submitted questions to the Leader to ask their questions.  The Leader or the relevant Cabinet Member responded.

Question No. 1 – Mr Rob Easthope to the Cabinet Member for Environment (Councillor Nicholas Botterill);

Question No. 2 – Mr Jon Burden to the Cabinet Member for Environment (Councillor Nicholas Botterill);

Question No. 3 – Mr John Grigg to the Cabinet Member for Housing (Councillor Lucy Ivimy).

[Copies of all public questions submitted and the reply given are attached at Appendix 2 to these minutes.]

This report contains an estimate of the Council Tax collection rate and calculates the Council Tax base for 2010/11. The Council Tax base will be used in the calculation of the Band D Council Tax undertaken in the Revenue Budget Report for 2010/11.

7.25 pm - The report and recommendations were moved for adoption by the Deputy Leader, Councillor Nicholas Botterill.

The report and recommendations were put to the vote:

            FOR                            24

            AGAINST                   0

            ABSTENTIONS         11

The report and recommendations were declared  CARRIED.

7.25 pm – RESOLVED:

That for the 2010-2011 financial year:

(i)                 That the estimated numbers of properties for each Valuation Band as set out in this report be approved;

(ii)               That an estimated Collection rate of 97.5% be approved;

(iii)             That the Council Tax Base of 79,052 Band “D” equivalent properties be approved.

This report sets out a Special Licensing Policy and Area for the Fulham Town Centre.  Members are requested to agree the policy, following which it will be incorporated into the Council’s current Licensing Policy.

7.26 pm The report and recommendations were formally moved for adoption by the Deputy Leader of the Council, Councillor Nicholas Botterill.

The report and recommendation was put to the vote:

            FOR                            Unanimous

            AGAINST                   0

            ABSTENTIONS         0

The report and recommendation was declared  CARRIED.

7.26 pm - RESOLVED:

That the Special Licensing Policy and Area for the Fulham Town Centre, as set out in Appendices 1 and 2 to the report, be agreed and incorporated into the Council’s current Licensing Policy.

This report recommends a change to the recruitment and selection and dismissal processes for Deputy Chief Officers (Assistant Director or equivalent level) from Member Appointments/Dismissals Panels to officers’ appointments/dismissals processes, thereby bringing them into the responsibility of the Head of Paid Service (Chief Executive), or his/her nominee.

7.27 pm The report and recommendations were formally moved for adoption by the Deputy Leader of the Council, Councillor Nicholas.

Speeches on the report was made by Councillor Stephen Cowan (for the Opposition) and Councillor Nicholas Botterill (for the Administration), before being put to the vote:

            FOR                            23

            AGAINST                   11

            ABSTENTIONS         0

The report and recommendation was declared  CARRIED.

7.32 pm -  RESOLVED:

1.         To approve the delegation of appointments and dismissals of all staff below Chief Officer level to the Head of Paid Services or his/her nominee.

2          To amend the Council’s Constitution as set out in Appendix A of the report.

7.33 pm – Councillor Mark Loveday moved, seconded by Councillor Nicholas Botterill, the special motion:

"This Council agrees the following appointment under its Constitution for the rest of the Municipal Year 2009/10, effective from the day after the Council meeting:

Councillor Oliver Craig be appointed a member of the Audit Committee”.

The motion was put to the vote:

FOR                            Unanimous

AGAINST                   0

ABSTENTIONS         0

The motion was declared CARRIED.

7.33 pm – RESOLVED:

This Council agrees the following appointment under its Constitution for the rest of the Municipal Year 2009/10, effective from the day after the Council meeting:-

Councillor Oliver Craig be appointed a member of the Audit Committee.

7.34 pm – Councillor Greg Smith moved, seconded by Councillor Oliver Craig, the special motion standing in their names:

“This Council notes:

a.         The poor legacy of the previous administration in making inadequate provision for fighting crime;

b.         The firm action taken by this administration on crime in our Town Centres, including the ground breaking 24/7 police teams in Fulham Broadway and Shepherds Bush Green, enhanced police teams in Hammersmith Broadway and a zero tolerance approach to drugs and violence on our estates.

This Council welcomes:

a.         The much improved security in the borough (and in particular the main Town Centres) under this Conservative administration;

b.         The overall reduction in crime from 25,861 crimes in 2005/06 to 22,858 crimes in 2009/09; with a real terms reduction in crime projected for 2009/10;

c.         The contribution of crime fighting measures by the Council to delivery of the 2006 Conservative election promise of “Lower Taxes, Less Waste and Better Services.”

Speeches on the special motion were made by Councillors Greg Smith and Oliver Craig (for the Administration).

Under Council Procedure Rule 15(e) (vi), Councillor Lisa Homan, seconded by Councillor Ed Owen, moved an amendment to the motion as follows:

Delete all after "This council notes" and replace with:

"the failure of this Administration to deliver on the motion brought before this Council by Councillor Greg Smith on the 31 January 2007 anticipating annual reductions in overall crime of 10 per cent in the wards trialling so-called 24/7 policing; points out that overall crime in these wards has often risen in the subsequent period, and that the performance across the borough lags behind that of the previous Labour Administration and of London as a whole.

We therefore call for a comprehensive review of the causes of this Administration's failure and for investment funding to be made immediately available by LBHF for the Police to provide the five wards with the highest crime rates 24/7 Police Task Squad cover."

Speeches on the amendment were made by Councillors Lisa Homan, Ed Owen, and Stephen Cowan (for the Opposition) and Councillors Greg Smith and Nicholas Botterill (for the Administration) before it was put to the vote:

FOR                            10

AGAINST                     23

ABSENTIONS               0

The motion was declared LOST.

Speeches on the substantive motion were then made by Councillor Belinda Donovan (for the Administration) and  Councillors Ed Owen and Stephen Cowan (for the Opposition).

Councillor Greg Smith (for the Administration) made a speech winding up the debate before the substantive motion was put to the vote:

FOR                            24

AGAINST                     11

ABSTENTIONS           0

The motion was declared CARRIED.

8.25 pm – RESOLVED:

This Council notes:

a.         The poor legacy of the previous administration in making inadequate provision for fighting crime;

b.         The firm action taken by this administration on crime in our Town Centres, including the ground breaking 24/7 police teams in Fulham Broadway and Shepherds Bush Green, enhanced police teams in Hammersmith Broadway and a zero tolerance approach to drugs and violence on our estates.

This Council welcomes:  ...  view the full minutes text for item 34.2

8.26 pm – Councillor Nicholas Botterill moved, seconded by Councillor Greg Smith, the special motion standing in their names:

"This Council notes:

a.         The poor legacy of the previous administration which included amongst the dirtiest streets in England and a budget overspend on street cleaning;

b.         The firm action taken by this administration including the re-specification of the entire borough street cleaning contract, market testing of the contract and the adoption of a firm but practical and fair working relationship with the successful contractor Serco.

This Council welcomes:

a.         The much improved cleanliness of the borough’s streets (and in particular the main thoroughfares) under this Conservative administration;

b.         The overall reduction in the cost of providing the service;

c.         The contribution of cleaner streets to delivery of the 2006 Conservative election promise of “Lower Taxes, Less Waste and Better Services”.

A speech was made on the motion by Councillor Nicholas Botterill (for the Administration).

Under Council Procedure Rule 15(e) (vi), Councillor Michael Cartwright, seconded by Councillor Stephen Cowan, moved an amendment to the motion as follows:

Delete all after "This council notes" and replace with:

"There has been considerable criticism throughout the London Borough of Hammersmith and Fulham about the lack of gritting and snow clearance by the local authority responsible, especially on side streets and pavements. In Hammersmith, Shepherds Bush and Fulham there has been, at best, minimal gritting on main roads only. Pavements are particularly treacherous with many residents unsure if they are supposed to clear the path outside their home... we hear the same excuses every year."

Speeches on the amendment were made by Councillors Michael Cartwright, Stephen Cowan and Dame Sally Powell (for the Opposition) and Councillor Nicholas Botterill (for the Administration) before it was put to the vote:

FOR                            10

AGAINST                   24

ABSENTIONS                         0

The motion was declared LOST.

Under Council Procedure Rule 15(e) (vi), Councillor Michael Cartwright, seconded by Councillor Stephen Cowan, moved a further amendment to the motion as follows:

Delete all after "This Council notes" and replace with:

"that in 2006, under the leadership of the Labour Administration, the Tidy Britain Group classed Hammersmith and Fulham as having the fourth cleanest streets out of the all of the thirty three London boroughs.

We call on the Administration to bring a halt to the deteriorating situation that has seen intolerable increases in dog fouling, litter and fly-tipping.

This Council also notes the concerns raised by the Environment Agency about the "significant increase" in fly-tipping which cost the borough more than £1 m to clear up and which was an additional unbudgeted cost. Indeed, the Environment Agency reported that "The number of fly-tipping incidents in Hammersmith and Fulham decreased between 2005/06 to 2006/07 from 5941 to 5275. However, there was a significant increase in the number recorded in 2007/08 - to 9334 incidents" under the current Conservative Administration.

The borough's filthy streets are a direct result of the Conservative Administration's incompetent management of the Serco contract; the incompetent management of the garden waste service;  ...  view the full minutes text for item 34.3

9.10 pm – Councillor Mark Loveday moved, seconded by Councillor Frances Staintonl, the special motion:

"This Council notes:

a.                  Its commitment to the Freedom Pass, which provides free travel 24 hours a day, 7 days a week on bus, tube and most rail routes for the borough’s  over 60 and disabled residents;

b.                  The 3-year agreement made with government in April 2008 to part-fund the Freedom Pass;

c.                  The decision in July 2009 by Transport Minister Sadiq Khan MP to re-open funding of the Freedom Pass;

d.                  The proposals in the consultation paper “Local Authority special grant funding in 2010/11 for the national bus concession in England” to renege on the funding agreement so that London will lose £29 million - almost half its agreed funding for 2010-11;

e.                  The threat this entails to free travel for thousands of pensioners and disabled residents in Hammersmith & Fulham.

This Council resolves:

a.                 To oppose the Department for Transport’s re-opening of the 3-year funding deal;

b.                 To ask both borough MPs to write to the Prime Minister seeking his intervention to protect funding for the Freedom Pass”.

Speeches on the special motion were made by Councillors Mark Loveday  and Frances Stainton (for the Administration).

Under Council Procedure Rule 15(e) (vi), Councillor Rory Vaughan, seconded by Councillor Colin Aherne, moved an amendment to the motion as follows:

Delete all after “This Council” and add:

“reaffims its commitment to providing the Freedom Pass for the borough’s over 60 and disabled residents.  And as this is a key priority for the Council, it confirms that this free travel will continue despute the extra costs imposed on inner London authorities, including Hammersmith and Fulham, by London Councils as a result of their usage rating exercise.”

Speeches on the amendment were made by Councillors Rory Vaughan and Colin Aherne (for the Opposition) and Councillor Mark Loveday (for the Administration) before it was put to the vote:

FOR                            10

AGAINST                   23

ABSENTIONS           0

The motion was declared LOST.

Speeches on the substantive motion were then made by Councillor Steve Hamilton (for the Administration) and Councillor Stephen Cowan (for the Opposition).

Councillor Mark Loveday (for the Administration) made a speech winding up the debate before the substantive motion was put to the vote:

FOR                            23

AGAINST                     0

ABSTENTIONS           9

The motion was declared CARRIED.

9.40 pm – RESOLVED:

This Council notes:

a.                    Its commitment to the Freedom Pass, which provides free travel 24 hours a day, 7 days a week on bus, tube and most rail routes for the borough’s  over 60 and disabled residents;

b.                    The 3-year agreement made with government in April 2008 to part-fund the Freedom Pass;

c.                    The decision in July 2009 by Transport Minister Sadiq Khan MP to re-open funding of the Freedom Pass;

d.                    The proposals in the consultation paper “Local Authority special grant funding in 2010/11 for the national bus concession in England” to renege on the funding agreement so that London will lose £29 million -  ...  view the full minutes text for item 34.4

9.40 pm – Councillor Michael Cartwright moved, seconded by Councillor Stephen Cowan, the special motion standing in their names:

"This Council calls upon Councillor Greenhalgh to stop allowing his Administration to mislead residents and the media on the amount of affordable housing provided by his administration and insist that all information is double checked and is true before being released.

The facts are as follows. Firstly, this Council does not build homes. It has granted planning permissions for housing associations to build homes. In November 2009 the council's Chief Executive wrote to Councillor Stephen Cowan to respond to a query about the figures being quoted.

When responding to a question about this Administration's lack of commitment to affordable rented housing, Mr Alltimes wrote to confirm that of the 870 home "built or are anticipated to be built" none would be built by H&F Homes or the London Borough of Hammersmith and Fulham. Indeed, 723 of the 870 affordable rented homes being claimed had been given planning permission by previous Labour administrations between 2001 and March 2006 - with most of those being opposed by the Conservatives at the time. And, out of the remaining 147 homes,104 of those were forced on this Conservative Administration by Ken Livingston when he was Mayor of London.

The Conservative leader David Cameron has also mislead our residents by repeating this false information”.

Speeches on the special motion were made by Councillors Michael Cartwright and Stephen Cowan (for the Opposition) and Councillors Lucy Ivimy, Harry Phibbs and Andrew Johnson (for the Administration).

At 9.58pm, under Standing Order 24.3, Councillor Mark Loveday moved that the meeting be extended until 10.03 p.m.

Councillor Michael Cartwright made a speech winding up the debate before the substantive motion was put to the vote:

FOR                            8

AGAINST                   23

ABSTENTIONS         0

The motion was declared LOST.

There were no information reports to this meeting of the Council.

* * * * *   CONCLUSION OF BUSINESS    * * * * *