Agenda and minutes

To approve and sign as an accurate record the Minutes of the Council Meeting held on 25 January 2012.

The minutes of the Ordinary Council Meeting held on 25 January 2012 were confirmed and signed as an accurate record.

Apologies for absence were received from Councillors Michael Adam, Adronie Alford, Jean Campbell, Alex Chalk, Ali de Lisle and Jane Law.  Apologies for lateness were received from Councillor Matt Thorley.

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

The Mayor announced with great sadness the death of Mr John Barker, who served as consort to former Councillor and former Mayor, Mrs Val Barker.

The Mayor congratulated Councillor Jane Law and Councillor Alex Karmel on the birth of their daughter.

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 Wesley Harcourt declared a personal interest in agenda item 6.1 - Revenue Budget and Council Tax Levels 2012/13, in relation to the third sector grants referred to on pages 936 and 937 of the report, as his full time job was funded by London Councils and some of the organisations funded were members of the organisation he worked for.

The Mayor advised Councillors that, in relation to agenda item 6.4 – Councillors’ Allowances Scheme: Annual Review and Revision, the Standards Board had advised that it was necessary for all Councillors to declare their allowances as personal interests under the Code of Conduct.  In order to manage this with the minimum of disruption, all Councillors present in the Chamber would be deemed as having declared a personal interest in this item (unless the Councillor objects), and this fact would be duly noted and recorded in the minutes.  This was agreed unanimously.

There are no public questions to consider.

There were no public questions.

This report sets out the 2012/13 revenue budget proposals, including Council Tax levels, and deals with the precept from the Greater London Authority (GLA), together with ancillary issues.

7.05pm - The report and recommendations were moved for adoption by the Leader of the Council, Councillor Stephen Greenhalgh.

In accordance with Council convention, the Leader of the Council, Councillor Stephen Greenhalgh, and the Leader of the Opposition, Councillor Stephen Cowan, were then given unlimited time to speak on the Budget report.  Speeches on the report were made by Councillors Helen Binmore and Joe Carlebach (for the Administration) and Councillors Andrew Jones and Caroline Needham (for the Opposition).

Councillor Stephen Greenhalgh (for the Administration) made a speech winding up the debate.  The report and recommendations were put to the vote and a roll-call was requested:

FOR                            25

AGAINST                   1

NON VOTING            13

The report and recommendations were declared CARRIED.

8.29 pm -  RESOLVED:

(1)         To note the Council Tax reduction of 3.75% for the Hammersmith & Fulham element for 2012/13.  For planning purposes, there will be a freeze on Council Tax for 2013/14 and 2014/15.

(2)         The Council Tax be set for 2012/13 for each category of dwelling, as calculated in accordance with Sections 31A to 49B of the Localism Act 2011, as outlined below and in full in Appendix A of the report:

(a)          The element of Council Tax charged for Hammersmith & Fulham Council will be £781.34 per Band D property in 2012/13.

(b)          The element of Council Tax charged by the Greater London Authority is £306.72per Band D property in 2012/13. A reduction of 1%.

(c)           The overall Council Tax to be set will be £1088.06 per Band D property in 2012/13.

(3)         The Council’s own total net expenditure budget for 2012/13  is set at £200.82m.

(4)         That fees and charges are approved as set out in paragraph 4.2 of the report.

(5)         That the Executive Director of Finance and Corporate Governances’ budget projections to 2014/15 be noted.

(6)         That the Executive Director of Finance and Corporate Governances’ statements under Section 25 of the Local Government Act 2003 regarding the adequacy of reserves and robustness of estimates be noted (section 13).

(7)         That the Executive Director of Finance and Corporate Governance be authorised to collect and recover National Non-Domestic Rate and Council Tax in accordance with the Local Government Finance Act 1988 (as amended), the Local Government Finance Act 1992 and the Council Schemes of Delegation.

(8)         That all Chief Officers be required to report monthlyon their projected financial position compared to their  ...  view the full minutes text for item 38.1

This report sets out proposals in respect of the capital programme, together with ancillary issues.

8.30pm - The report and recommendations were moved for adoption by the Leader of the Council, Councillor Stephen Greenhalgh.

Speeches on the report were made by Councillors Lisa Homan and Stephen Cowan (for the Opposition) and Councillor Stephen Greenhalgh (for the Administration).

The report and recommendations were put to the vote: 

FOR                            25

AGAINST                   13

NON VOTING            0

The report and recommendations were declared CARRIED.

8.44pm -  RESOLVED:

(1)         To approve the General Fund Capital Programme budget at £72.722m for 2012/13.

(2)         To approve a Debt Reduction target of £44.1m by 2016/17 (since 2011/12) which will reduce underlying debt - as measured by the Capital Financing Requirement - to £77.7m.

(3)         To approve that 25% of receipts generated for the decent neighbourhoods programme continue to be used to support general capital investment in 2012/13.

(4)         To approve the following initiatives within the capital programme (Table 4 of the report):

·              The continuation of the rolling programmes for repairs to Carriageways and Footways £2.1m;

·              Corporate Planned Maintenance £2.5m;

·              Private Sector Housing Grants £0.45m;

·              Parks Improvements £0.5m;

·              Contributions to the Invest to Save Fund £0.75m; and

·              The Re-provision of Services from Sands End Community Centre £0.22m.

This totals £6.52m.

(5)         To note and approve the level of resource forecast (Table 2 of the report) and indicative expenditure budget 2012/13 of £13.043m for the Decent Neighbourhoods programme as detailed in Appendix 1 of the report; and 2012/13 contribution to fund works to the HRA stock of £8.82m from the Decent Neighbourhoods Pot (schemes under consideration).

(6)         To note the 2012/13 HRA capital programme of £37.42m as set out in Table 6 of the report.

(7)         To approve the following annual Minimum Revenue Provision (Appendix 5 of the report).

·              For debt which is supported through Formula Grant this authority will calculate the Minimum Revenue Provision in accordance with current regulations (namely 4% of the Capital Financing requirement net of adjustment A).

·              For debt which has arisen through prudential borrowing it should be written down in equal instalments over the estimated asset life. The debt write-off will commence the year after an asset comes into use.

(8)         To approve the prudential indicators as set out in Appendix 6 of the report.

The report provides information on the Council’s Treasury Management Strategy for 2012/13. It seeks approval for borrowing limits and authorisation for the Executive Director of Finance and Corporate Governance to arrange the Council’s cashflow, borrowing and investments in the year 2012/13.

The report seeks approval to changes recommended by Cipfa to the Treasury Management Policy Statement and Treasury Management Practices.

The report explains the treasury management implications of HRA Reform and seeks approval to the treatment of debt and interest on HRA receipts and balances with effect from 1 April 2012.

8.45pm - The report and recommendations were moved for adoption by the Leader of the Council, Councillor Stephen Greenhalgh.

The report and recommendations were put to the vote: 

FOR                            26

AGAINST                   0

NON VOTING            11

The report and recommendations were declared CARRIED.

8.45pm - RESOLVED:

(1)         To approve the future borrowing and investment strategies and authorise the Executive Director of Finance and Corporate Governance to arrange the Council’s cashflow, borrowing and investments in 2012/13.

(2)         In relation to the Council’s overall borrowing for the financial year 2012/13, approve the Prudential Indicators as set out in Section 3 of the report.

(3)         To agree the changes to the Treasury Management Policy Statement and the Treasury Management Practices as explained in section 1 of the report and reproduced in Appendices A and B of the report.

(4)         To move to a separate HRA and General Fund debt pool with effect from 1 April 2012.

(5)         To pay the HRA investment income on unapplied HRA receipts and other HRA cash balances calculated at the average rate of interest earned on temporary investments with effect from 1 April 2012.     

This report performs the statutory annual review of Councillors’ allowances for the 2012/13 financial year and contains a revision to the 2011/12 Councillors’ Allowance Scheme. The annual review takes into account the recommendations made in the Independent Remunerator’s report to London Councils (May 2010).

8.46pm - The report and recommendations were moved for adoption by the Leader of the Council, Councillor Stephen Greenhalgh.

Speeches on the report were made by Councillor Lisa Homan (for the Opposition) and Councillor Mark Loveday (for the Administration).

The report and recommendations were put to the vote:

FOR                                                    26

AGAINST                                           0

NON VOTING                                    12

The report and recommendations were declared CARRIED.

8.52pm - RESOLVED:

(1)         That the revision to the Councillors’ Allowance Scheme for 2011/12 as set out in paragraph 1.3 of the report and Appendix 1 be approved.

(2)         That the Councillors’ Allowances Scheme 2012 – 13 as set out in the report, be adopted.

Council is asked to approve the Pay Policy attached at Appendix 1 to the report and endorse the pay schemes attached at Appendices 2, 3 and 4. The Council’s Pensions Policy is attached for information at Appendix 5.  The Councillors’ Allowances Report has been submitted as a separate item (agenda item 6.4).  Once approved, it will constitute Appendix 6 of this report.

8.53pm - The report and recommendations were moved for adoption by the Leader of the Council, Councillor Stephen Greenhalgh.

Under Council Procedure Rule 13.2 (b), Councillor PJ Murphy moved, seconded by Councillor Andrew Jones, an amendment to the report as follows:

“This council is committed to full cost transparency wherever possible to enable tax payers to hold us to account. This council notes that it has employed 540 agency workers over the past year - 20% of the directly employed workforce.

This council has also employed sixty nine consultants, with almost twenty of those employees working via service limited companies. The Local Government Pension Scheme forbids retired local government employees from being re-employed in local government. However, a personal service limited company allows this rule to be side-stepped.

However, the are clear rules Laid Down by Her Majesty’s Revenue and Customs about what defines a consultant and there is a likelihood that the London Borough of Hammersmith and Fulham may have breached those rules in directly employing people to work in its management structure as “consultants” via personal service companies.

This Council therefore resolves to add the following provisions to the policy:-

1. To inform HMRC of all cases where it has employed individuals via personal service companies and ensure it tax obligations are met and up to date
2. To report to Cabinet and Audit and pensions Committee full details of any back-taxes and fines issued by HMRC on IR35
3. To review its use of agency workers looking for more cost effective means of employing individuals and to publish all details of agency workers employed by LBHF and/or its subsidiaries and detail the salaries of all of those over £100,000.00 per year.”

Speeches on the amendment were made by Councillors PJ Murphy, Andrew Jones and Stephen Cowan (for the Opposition) and Councillors Nicholas Botterill and Stephen Greenhalgh (for the Administration).  The amendment was put to the vote and a roll-call was requested:

FOR                            12

AGAINST                   26

NON VOTING            0

The amendment was declared LOST.

The report and recommendations were put to the vote:

FOR                            26

AGAINST                   12

NOT VOTING             0

The report and recommendations were declared CARRIED.

9.18pm -  RESOLVED:

(1)         That the Pay Policy attached at Appendix 1 of the report be approved and the pay schemes attached at Appendices 2, 3 and 4 be endorsed. The Council’s Pensions Policy is attached for information at Appendix 5.

(2)         That the Councillors’ Allowances report approved earlier in the meeting be constituted as Appendix 6 of this report

This report deals with the appointment of an Interim Monitoring Officer pursuant to Section 5 of the Local Government and Housing Act 1989.

9.19pm - The report and recommendations were moved for adoption by the Leader of the Council, Councillor Stephen Greenhalgh.

The report and recommendations were put to the vote. 

FOR                            Unanimous

AGAINST                   0

NON VOTING            0

The report and recommendations were declared  CARRIED.

9.20pm -  RESOLVED:

(1)        That Janette Mullins, Head of Litigation, be appointed Monitoring Officer from 1 April 2012 until the new Bi-Borough Director of Legal Services takes up their appointment.

(2)        That the interim management arrangements for Legal and Democratic Services be noted.

There are no information reports to consider.

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

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