Agenda and minutes

To approve and sign as an accurate record the Minutes of the Council Meeting held on 24 June 2009.

The minutes of the Ordinary Council Meeting held on 24 June 2009were confirmed and signed as an accurate record.

Apologies for absence were received from Councillors Will Bethell, Jean Campbell, Helen Binmore, Ali de Lisle, Ed Owen, Harry Phibbs, Minnie Scott Russell, Greg Smith and Mercy Umeh.

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

The Mayor announced the deaths of former Councillors Vera Godden (née Freeman) and Mike Goodman, as well as Councillor Antony Lillis (Cabinet Member for Community and Children’s Services). The Council observed a minute silence in their memory.

Councillor Stephen Cowan paid tribute to former Councillor Vera Godden who had been first elected to the Council in 1964, and had served until 1978.

Councillor Lisa Homan then paid tribute to former Councillor Mike Goodman who had been elected as a Councillor for the Sands End ward in 1986 and served until 1991.

Under Council Procedure Rule 15(e) iii, the Mayor allowed special motion 6.4 (Councillor Antony Lillis) to have precedence and be debated as the next item.

During the consideration of Special Motion 6.4 the Council noted that Councillor Antony Lillis was one of the borough’s longest-serving and most widely respected councillors.  He passed away on Wednesday 29 July after a battle with cancer at the age of forty two.  He was born and brought up in Fulham and lived all his life in the borough. He attended Langford Primary School in Sands End and then Henry Compton Secondary School. In 1990, at the age of twenty-two, he was elected as a Councillor to the Colehill ward.  Between 1991 and 2006 Councillor Lillis was the Opposition spokesman for education and social care. In May of 2006, he was appointed as the Cabinet Member for Community Services and then a year later he took on the additional responsibility of Children's Services.

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.

There were no declarations of interest.

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

7.41pm – The Mayor called on the member of the public who had submitted a question to the Leader to ask his question.  The Leader responded. 

Question No.1 – Mr John Grigg to the Leader of the Council (Councillor Stephen Greenhalgh).

[A copy of the public question submitted and the reply given is attached at Appendix 2 to these minutes].

To report the results of the Town Ward By-Election held on 15 October 2009.

7.47pm - The Council noted that Councillor Oliver Craig, the Conservative Party candidate, was elected Ward Councillor to the vacancy in Town Ward at the By-election held on 15 October 2009.  The Mayor welcomed Councillor Oliver Craig to the chamber.

To note the Audit Committee Annual Report 2008/09.

7.47pm - The report and recommendation was formally moved for adoption by the Leader of the Council, Councillor Stephen Greenhalgh.

The report and recommendation was put to the vote:

            FOR                            Unanimous

            AGAINST                   0

            ABSTENTIONS         0

The report and recommendation was declared CARRIED.

7.47pm RESOLVED:

That the Council notes the Audit Committee Annual Report 2008/09.

To note the borrowing and investment activity for the period 1^st April 2008 to 31^st  March 2009.

7.48pm - The report and recommendation was formally moved for adoption by the Leader of the Council, Councillor Stephen Greenhalgh.

The report and recommendation was put to the vote:

            FOR                            Unanimous

            AGAINST                   0

            ABSTENTIONS         0

The report and recommendation was declared CARRIED.

7.48pm RESOLVED:

That the Council notes the borrowing and investment activity for the period 1 April 2008 to 31 March 2009.

To resolve that the appointed day for which Part 5 of the London Local Authorities and Transport for London Act 2008 shall come into operation on public highways, for which the London Borough of Hammersmith and Fulham is the Highways Authority, shall be the 4^th January 2010.

7.50pm - The report and recommendation was formally moved for adoption by the Leader of the Council, Councillor Stephen Greenhalgh.

The report and recommendation was put to the vote:

            FOR                            22

            AGAINST                   0

            ABSTENTIONS         10

The report and recommendation was declared CARRIED.

7.50pm  RESOLVED:

That the Council resolves that the appointed day for which Part 5 of the London Local Authorities and Transport for London Act 2008 shall come into operation on public highways for which the London Borough of Hammersmith and Fulham is the Highways Authority shall be 4 January 2010.

This report asks Council to approve and adopt a ‘no casino’ resolution and approve and adopt the Statement of Gambling Principles set out in Appendix 1 to this report.  It is also requested that the Director of Environment be authorised to make minor amendments or any changes arising from the  publication of secondary legislation and guidance.

7.50pm - The report and recommendations were formally moved for adoption by the Leader of the Council, Councillor Stephen Greenhalgh.

The Mayor reminded those present that Appendix 2 to the report had been circulated separately to the agenda.

The report and recommendation was put to the vote:

            FOR                            Unanimous

            AGAINST                   0

            ABSTENTIONS         0

The report (as amended) and recommendations were declared CARRIED.

7.50pm RESOLVED:

That the Council:-

1.                  Approves and adopts a ‘no casino’ resolution;

2.                  Approves and adopts the Statement of Gambling Principles set out in Appendix 1 to this report, that it be published, and that the Director of Environment be authorised to make minor amendments or any changes arising from the publication of secondary legislation and guidance.

The Local Government and Public Involvement in Health Act 2007 requires all Councils to change their decision making arrangements.  The Council is therefore requested to indicate that its proposed model of executive governance will be the new style Leader and Cabinet Executive model to be operated from the third day after the May 2010 local elections.

7.52pm -  The report and recommendations were formally moved for adoption by the Leader of the Council, Councillor Stephen Greenhalgh.

The report and recommendation was put to the vote:

            FOR                            Unanimous

            AGAINST                   0

            ABSTENTIONS         0

The report and recommendations were declared CARRIED.

7.52pm RESOLVED:

That the Council:-

1.                  Notes the outcome of the consultation;

2.                  Indicates that its proposed model of executive governance will be the new style Leader and Cabinet Executive model to be operated from the third day after the May 2010 local elections; and

3.                  Agree that a further report be brought to a Special Meeting of Council in January 2010 at which the final decision as to the form of executive arrangements will be taken together with constitutional changes resulting from such a decision.

To approve changes to the portfolios of the Leader and other Cabinet members, along with minor changes to the Constitution and amendments to the mechanism for determining staff appeals.

7.52pm - The report and recommendation was formally moved for adoption by Councillor Mark Loveday.

A speech on the report was made by Councillor Reg McLaughlin, before being put to the vote:

            FOR                            24

            AGAINST                   10

            ABSTENTIONS           0

The report and recommendation was declared CARRIED.

7.53pm RESOLVED:

That the Council agrees the changes and amendments to the Council Constitution, as summarised in Annex 1 to the report.

To consider and determine any Special Motions:

7.55pm - Councillor Mark Loveday moved, seconded by Councillor Nicholas Botterill, the special motion standing in their names:

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

·                    Cabinet Member

Councillor Sarah Gore – be appointed as the Cabinet Member for Children’s Services.

·                    Chairmen and Memberships of Scrutiny Committee

Councillor Donald Johnson be appointed as Chairman of the Education and Children’s Services Scrutiny Committee in place of Councillor Helen Binmore who will continue as a Committee Member;

Councillor Sarah Gore to come off the Education and Children’s Services Scrutiny Committee;

Councillor Oliver Craig be appointed a member of the Education and Children’s Services Scrutiny Committee;

and notes their respective Portfolios / Terms of Reference, as set out in the Council’s Constitution.”

The motion was put to the vote:

FOR                            Unanimous

AGAINST                   0

ABSTENTIONS         0

The motion was declared CARRIED.

7.55pm– RESOLVED: 

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

·                    Cabinet Member

Councillor Sarah Gore – be appointed as the Cabinet Member for Children’s Services.

·                    Chairmen and Memberships of Scrutiny Committee

Councillor Donald Johnson be appointed as Chairman of the Education and Children’s Services Scrutiny Committee in place of Councillor Helen Binmore who will continue as a Committee Member.

Councillor Sarah Gore to come off the Education and Children’s Services Scrutiny Committee.

Cllr Oliver Craig be appointed a member of the Education and Children’s Services Scrutiny Committee

and notes their respective Portfolios / Terms of Reference, as set out in the Council’s Constitution.”

7.55pm -Councillor Nicholas Botterill moved, seconded by Councillor Mark Loveday, the special motion standing in their names:

"This Council agrees the Council’s appointments to London Local Government Organisations for 2009/10, as set out in the Schedule attached”:

The motion was put to the vote:

FOR                            Unanimous

AGAINST                   0

ABSTENTIONS         0

The motion was declared CARRIED.

7.55pm– RESOLVED: 

This Council agrees the Council’s appointments to London Local Government Organisations for 2009/10, as set out in the Schedule attached.

7.56pm - Councillor Paul Bristow moved, seconded by Councillor Frances Stainton, the special motion standing in their names:

“This Council notes the importance of green and open spaces to the quality of life of local residents; warmly welcomes the Green Flag award of excellence given to Ravenscourt Park, Frank Banfield Park and Margravine Cemetery; further notes that this is the first time that an open space in the borough has been awarded this accolade, and thanks the volunteers, grounds maintenance staff and the local ‘friends’ groups for everything that has been done to improve the standard of our parks and open spaces."

Speeches on the special motion were made by Councillor Bristow, Stainton, Greenhalgh and Ford (for the Administration) and Councillors Cowan and Aherne (for the Opposition).

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

FOR                            Unanimous

AGAINST                   0

ABSTENTIONS         0

The motion was declared CARRIED.

8.17pm– RESOLVED: 

This Council notes the importance of green and open spaces to the quality of life of local residents; warmly welcomes the Green Flag award of excellence given to Ravenscourt Park, Frank Banfield Park and Margravine Cemetery; further notes that this is the first time that an open space in the borough has been awarded this accolade, and thanks the volunteers, grounds maintenance staff and the local ‘friends’ groups for everything that has been done to improve the standard of our parks and open spaces.

 8.18pm - Councillor Donald Johnson moved, seconded by Councillor Lucy Ivimy, the special motion standing in their names:

“That this Council welcomes the recent inspection report of the Audit Commission which found that H&F Homes was providing residents with a two star “good” service with “excellent prospects for improvement”.

Speeches on the motion were made by Councillors Donald Johnson, Ivimy, Greenhalgh and Andrew Johnson (for the Administration) and Councillors Nandy and Cowan (for the Opposition).

Councillor Donald Johnson (for the Administration) made a speech winding up the debate before the motion was put to the vote:

FOR                            24

AGAINST                   10

ABSTENTIONS           0

The motion was declared CARRIED.

8.49pm– RESOLVED: 

This Council welcomes the recent inspection report of the Audit Commission which found that H&F Homes was providing residents with a two star “good” service with “excellent prospects for improvement”.

8.50pm - Councillor Steve Hamilton moved, seconded by Councillor Jane Law, the special motion standing in their names:

“That this Council:

Congratulates the administration and its partners the Royal Borough of Kensington and Chelsea and Transport for London, on the recent opening of the new railway station at Imperial Wharf.

Regrets the years of delay and drift under the previous administration who failed to secure adequately funding for the station.

Welcomes the new opportunities for residents in Sands End resulting from the new transport links”.

Speeches on the motion were made by Councillors Hamilton, Law, Botterill and Greenhalgh (for the Administration) and Councillor Cartwright  (for the Opposition).

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

FOR                            23

AGAINST                   10

ABSTENTIONS           0

The motion was declared CARRIED.

9.14pm– RESOLVED: 

That this Council:

Congratulates the administration and its partners the Royal Borough of Kensington and Chelsea and Transport for London, on the recent opening of the new railway station at Imperial Wharf.

Regrets the years of delay and drift under the previous administration who failed to secure adequately funding for the station.

Welcomes the new opportunities for residents in Sands End resulting from the new transport links.

7.13pm  - Councillor Stephen Greenhalgh moved, seconded by Councillor Stephen Cowan, the special motion standing in their names:

“That this Council

·                    regrets the sad and sudden death of Councillor Antony Lillis on 29

July 2009 after a battle with cancer;

·                    recognises that Councillor Antony Lillis was one of the borough’s

longest-serving, most widely respected and well-loved Councillor with strong ties to the community he served for nearly 20 years;

·                   appreciates his hard work as Cabinet Member for Community and

Children’s services managing a hugely complex and challenging portfolio of service responsibilities. His drive and commitment meant that he was able to build up a connection with the people and the places he served.   Councillor Lillis combined a depth of knowledge and expertise in his subject areas with charm and huge personal warmth.  In the Council Chamber, he was a voice of calm and conciliation.  His genuine interest in individual people’s lives and concerns enabled him to achieve a level of respect few politicians are given.  Outside his role as a Councillor, he was a larger-than-life character who lived every day to the full.  He will be hugely missed.

·                   asks the Chief Executive to write to his family expressing our

sincere condolences”.

Speeches on the motion were made by Councillor Karmel, Greenhalgh, Gore and Alford (for the Administration) and Councillors Cowan, McLaughlin, Nandy and Vaughan (for the Opposition) before it was put to the vote:

FOR                            Unanimous

AGAINST                   0

ABSTENTIONS         0

The motion was declared CARRIED.

7.40pm– RESOLVED: 

This Council:

• regrets the sad and sudden death of Councillor Antony Lillis on 29 July 2009 after a battle with cancer;

• recognises that Councillor Antony Lillis was one of the borough’s longest-serving, most widely respected and well-loved Councillor with strong ties to the community he served for nearly 20 years;

• appreciates his hard work as Cabinet Member for Community and Children’s services managing a hugely complex and challenging portfolio of service responsibilities. His drive and commitment meant that he was able to build up a connection with the people and the places he served.   Councillor Lillis combined a depth of knowledge and expertise in his subject areas with charm and huge personal warmth.  In the Council Chamber, he was a voice of calm and conciliation.  His genuine interest in individual people’s lives and concerns enabled him to achieve a level of respect few politicians are given.  Outside his role as a Councillor, he was a larger-than-life character who lived every day to the full.  He will be hugely missed.

• asks the Chief Executive to write to his family expressing our sincere condolences.

9.15pm - Councillor Stephen Greenhalgh moved, seconded by Councillor Andrew Johnson, the special motion standing in their names:

“This Council:

Reiterates its concern that Charing Cross Hospital faces a continued downgrade in services in the rush for foundation trust status.

Calls on Imperial College Healthcare NHS Trust to ensure that Hammersmith and Fulham Council has representation on its board, given that two of the three hospitals within the Trust are located in the borough.”

A speech on the motion was made by Councillor Stephen Greenhalgh.

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

            Delete all after ‘This Council’ and replace with:

“regrets the Hammersmith and Fulham Conservative Party’s electoral strategy of scaremongering residents about Charing Cross Hospital since 2005.  This Council urges Conservative councillors to apologise for those clearly false rumours. And this Council recognises the tens of millions of pounds invested in services at Charing Cross by the Labour government”.

Speeches on the amendment were made by Councillor Vaughan, Cowan and Homan (for the Opposition) and Councillors Greenhalgh, Andrew Johnson and Iggulden (for the Administration) before it was put to the vote:

FOR                            9

AGAINST                   24

ABSTENTIONS         0

The motion was declared LOST.

Speeches on the substantive motion were then made by Councillor Tobias (for the Administration) and Councillor Vaughan (for the Opposition).

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

FOR                            24

AGAINST                   0

ABSTENTIONS         9

The motion was declared CARRIED.

9.55pm– RESOLVED: 

This Council:

Reiterates its concern that Charing Cross Hospital faces a continued downgrade in services in the rush for foundation trust status.

Calls on Imperial College Healthcare NHS Trust to ensure that Hammersmith and Fulham Council has representation on its board, given that two of the three hospitals within the Trust are located in the borough.

9.50pm - Councillor Wesley Harcourt moved, seconded by Councillor Colin Aherne, the special motion standing in their names:

“This Council notes the number of traditional public houses that are closing.  Such establishments have long been a valuable community asset, providing a focus for many communities which satisfies their social needs and offers a means of support for many people.  Council resolves, therefore, to develop a local planning guidance that aims to preserve our traditional public house which is a much-loved aspect of our heritage.”

Speeches on the motion  were made by Councillors Harcourt and Aherne (for the Opposition) and Councillor Gore (for the Administration) before it was put to the vote:

FOR                            Unanimous

AGAINST                   0

ABSTENTIONS         0

The motion was declared CARRIED.

9.59pm– RESOLVED: 

This Council notes the number of traditional public houses that are closing.  Such establishments have long been a valuable community asset, providing a focus for many communities which satisfies their social needs and offers a means of support for many people.  Council resolves, therefore, to develop a local planning guidance that aims to preserve our traditional public house which is a much-loved aspect of our heritage.

Under Standing Order 24.1, at 10.00pm the Mayor instructed that the guillotine provisions had come into effect.  Therefore, all remaining items of business were voted on without debate.

10.01pm Councillor Stephen Cowanmoved, seconded by Councillor Lisa  Homan, the special motion standing in their names:

“This Council hails the opening of the new Shepherds Bush Library as a symbol of how effective partnership between local government and business can bring real benefits to local residents, and congratulates the previous Labour administration for negotiating the terms under which Westfield contributed to the costs of the library as part of its Section 106 responsibilities.”

The motion was put to the vote:

FOR                            9

AGAINST                   24

ABSTENTIONS         0

The motion was declared LOST.

10.01pm - Councillor Lisa Nandy moved, seconded by Councillor Stephen Cowan, the special motion standing in their names:

“This Council resolves to be open and transparent in its dealings with tenants and residents, notes the Leader’s refusal to answer questions raised by the Guardian newspaper about what ‘alternative housing’ means for people who stand to lose their homes under the Conservatives’ plans, and agrees that this constitutes a failure to local people.”

The motion was put to the vote:

FOR                            9

AGAINST                   24

ABSTENTIONS         0

The motion was declared LOST.

10.02pm - Councillor Michael Cartwright moved, seconded by Councillor Reg McLaughlin, the special motion standing in their names:

“This Council condemns the decision of the Mayor to increase tube fares by 3.9 percent and bus fares by 12.7 percent from January next year.  This Council further condemns his decision to cut back on the programme for step-free access to underground stations, which means the Shepherds Bush Central Line lifts are not in any TfL programme until after 2018.”

The special motion was put to the vote:

FOR                            9

AGAINST                   24

ABSTENTIONS         0

The motion was declared LOST.

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

To note the decisions taken by the Leader or Cabinet during the last quarter under the special urgency provisions of the Constitution (decision not in the Forward Plan) from 1^st June to 30^th September 2009.

10.03pm  The Mayor noted the information report on special urgency decisions taken between June and September 2009.

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