Agenda and minutes

Councillor Michael Rye (Leader of the Council) reported with regret and shock that Councillor Christopher Andrew had passed away yesterday. Members’ stood for a minute’s silence in his memory. Councillor Rye paid tribute to Councillor Andrew and his outstanding work both as a Ward Councillor and in his commitment and work for children and young people.

An apology for absence was received from Councillor Glynis Vince (Cabinet Member for Education and Children’s Services).

Members of the Cabinet are invited to identify any personal or prejudicial interests relevant to items on the agenda. Please refer to the guidance note attached to the agenda.

There were no declarations of interest.   

The Chairman will consider the admission of any late reports (listed on the agenda but circulated late) which have not been circulated in accordance with the requirements of the Council’s Constitution and the Local Authorities (Executive Arrangements) (Access to Information) (England) Amendment Regulations 2002.

Note: The above requirements state that agendas and reports should be circulated at least 5 clear working days in advance of meetings.

NOTED that            the reports listed on the agenda had been circulated in accordance with the requirements of the Council’s Constitution and the Local Authorities (Executive Arrangements) (Access to Information) (England) Amendment Regulations 2002 with the exception of Report No.144 – Barnet, Enfield and Haringey Clinical Strategy (Minute No.9 below refers). These requirements state that agendas and reports should be circulated at least 5 clear days in advance of meetings.

AGREED that this report be considered as an urgent item as should Cabinet decide to challenge the Secretary of State’s decision in the Courts, action would need to be initiated within three months of the decision letter from the Secretary of State i.e. by 2 December 2008.

To receive deputations from Councillor Kate Wilkinson and Mrs Ivy Beard, in respect of the Barnet, Enfield and Haringey Clinical Strategy (agenda item 9 below refers). 

Councillor Michael Rye (Leader of the Council) welcomed Councillors and Members of the public to the meeting and advised Members of the requests which had been received for deputations to the meeting with regard to the report on the Barnet, Enfield and Haringey Clinical Strategy (Minute No.9 below refers).

Councillor Rye invited Councillor Kate Wilkinson and Mrs Ivy Beard to present their deputations to the Cabinet.

Councillor Kate Wilkinson

Councillor Kate Wilkinson began her deputation by introducing and presenting the comments of Mr Adrian Bishop-Laggett (Chairman of FERAA who also spoke for FECA, the two federations represented more than 50% of Enfield Borough residents), and Mr Donald Smith (Chartered Engineer who had presented evidence on the local Transport and Emergency Planning issues to the Independent Reconfiguration Panel). A number of comprehensive comments were made expressing concerns regarding the future of Chase Farm hospital and the serious detrimental effects on the availability of health facilities for the Borough’s residents. Support for seeking judicial review was expressed.

Tribute was paid to the Council for the considerable work which had been undertaken in recent years including the work of the Health Scrutiny Panel and the Joint Boroughs Scrutiny Commission. Other groups and residents had all played a significant role in raising issues of concern with the relevant decision making bodies. Strong representations had been made to the Secretary of State. The work and conclusions reached by the Independent Reconfiguration Panel were also highlighted. The Letter from the Secretary of State had recognised the issues raised but had not addressed them. It was noted that Councillor Kieran McGregor had written to the Health Secretary, Alan Johnson MP, asking him to reconsider his decision. A response had not been received to date. In view of the weight of evidence against the proposals, Councillor Wilkinson felt that the decision taken had been irrational and perverse. Councillor Wilkinson felt that the only way forward now was to pursue a legal challenge. It was recognised that the decision to seek a judicial review could be a costly process.

Mrs Ivy Beard

Mrs Beard was a long time member of the Enfield Save Chase Farm Group and was a Cheshunt resident. Mrs Beard also introduced Mrs Pat Curtis, secretary of the Hertfordshire Lea Valley Area of the National Association of Women’s Clubs.

Mrs Beard paid tribute to the considerable work which had been undertaken by the Council and in particular by the Health Scrutiny Panel. The scrutiny work carried out had highlighted the flaws in the consultation process. It was noted that approximately 30 to 40% of patients using Chase Farm Hospital came from Hertfordshire. Hertfordshire residents had joined with Enfield residents in protesting against the future proposals for Chase Farm. In view of the huge amount of public opinion expressed Mrs Beard felt that the Council had a clear mandate to seek a judicial review. Mrs Beard raised a number of specific concerns regarding future health service provision for residents, and the financial implications both now and in  ...  view the full minutes text for item 5.

A report from the Director of Finance and Corporate Resources is attached. This informs Members of the current position regarding the Council’s 2008 to 2013 capital programme taking into account the latest monitoring information on the progress of schemes. (Key decision – reference number 2682)

(Report No.140)

Councillor Ertan Hurer (Cabinet Member for Finance and Resources) introduced the report of the Director of Finance and Corporate Resources (No.140) informing Members of the current position regarding the Council’s 2008 to 2013 capital programme taking into account the latest monitoring information on the progress of schemes. 

NOTED

1.         the information set out in the Executive Summary of the report. Members’ attention was drawn to the additions to the existing Capital Programme (section 4 – tables 1 and 2 of the report referred);

2.         the current position in respect of the prudential indicators as set out in section 8.3 of the report. Borrowing during the first quarter was well within the Council’s authorised borrowing limit. The Council was in a sound financial position;

3.         the scheme progress of the individual projects as set out in Appendix B to the report. Members highlighted the significant number of projects which were being undertaken and the level of resources allocated to the schemes, a number of which were in the South and East of the Borough;

4.            Councillor Edward Smith welcomed in particular the Environmental Improvements to Southgate Circus;

5.            Councillor Terence Neville drew Members’ attention to the significant level of funding on Environment and Street Scene projects. A programme of approximately £11m was being undertaken on improvements to carriageways and footways and associated works. The current tree planting scheme was also highlighted. Members noted that approximately £19m had been spent on roads and related improvements in the East of the Borough over the last 4/5 years. Appendix A to the report set out the Capital Programme Resourcing details.

Alternative Options Considered: None stated.

DECISION: The Cabinet agreed to

1.         note the outcome of the second quarter’s capital monitoring and review exercise for the current year;

2.         note the position regarding the Council’s prudential indicators and that no revisions to the indicators were required at this stage although the indicators for 2009/10 onwards would need to be reviewed as part of the 2009/10 budget process and review of the medium term financial plan;

3.            confirm the addition to the capital programme of further earmarked resources totalling £3.6m.

RECOMMENDED TO COUNCIL to agree the new capital projects totalling £19.6m included in the updated capital programme.

Reason: To maintain a prudent view of capital resources available and allow time to review the best possible use of them in the light of Council objectives to finance future capital developments.

(Key decision – reference number 2682)

A report from the Director of Finance and Corporate Resources is attached. This sets out the Council’s revenue budget monitoring position for 2008/09 based on information to the end of September 2008. (Key decision – reference number 2681)

(Report No.141)

Councillor Ertan Hurer (Cabinet Member for Finance and Resources) introduced the report of the Director of Finance and Corporate Resources (No.141) setting out the Council’s revenue budget monitoring position for 2008/09 based on information to the end of September 2008.     

NOTED

1.         the contents of the report indicating a potential overspend within departmental budgets of £218k. After allowing for anticipated further interest receipts and contingent items not expected to be needed, there was a potential net corporate underspend of £2,130k;

2.         the variances and risks and uncertainties set out in the report including the projected shortfall in Land Charges income and the pressures arising from the current high prices for fuel and energy;

3.         the income collection targets as set out in section 8 of the report. The targets were currently being met, however, there was a risk that the worsening economic climate would impact on collection rates for the rest of the year. This would continue to be closely monitored.

Alternative Options Considered: Not applicable to this report.

DECISION: The Cabinet agreed

1.         that the allocation of any resources identified during the monitoring of the 2008/09 budget was to be considered as part of the 2009/10 budget process and review of the Medium Term Financial Plan;

2.         to continue in the current year to ring fence and carry forward underspends on homelessness to address future pressures but that this should be subject to review in future years.

Reason: To ensure that Members were aware of the projected budgetary position for the Authority, including all major budget pressures and underspends which had contributed to the present monthly position and that were likely to affect the final outturn. 

(Key decision – reference number 2681)

A report from the Director of Environment and Street Scene is attached. This details the evaluation exercise in regard to the above Contracts and recommends the award of both Grounds Maintenance Contracts to commence on 5 January 2009 for a period of three years, with a possible extension of two single additional years. (Report No.145, agenda part two also refers) (Key decision – reference number 2696)

(Report No.142)

Councillor Terence Neville (Cabinet Member for Environment and Street Scene) introduced the report of the Director of Environment, Street Scene and Parks (No.142) detailing the evaluation exercise in regard to the Corporate Grounds Maintenance and Landscaping Contract and Housing Grounds Maintenance and Landscaping Contract, originally advertised in May 2007 and recommending the award of both Grounds Maintenance Contracts to commence on the 5 January 2009 for a period of three years, with a possible extension of two single additional years.

NOTED

1.         that the contract specifications would provide for an improvement to service provision. The number of grass cuts would be increased from 11 to 20 per annum, as set out in the report. The changes in specification recognised the changing weather patterns and growing seasons now being experienced;

2.         in response to questions raised, Members were advised of the procedures which had been followed with regard to expressions of interest and pre qualification questionnaires, section 3.10 of the report referred. It was noted that stage one was a standard process;

3.            Councillor Matthew Laban highlighted that the Housing Grounds Maintenance Contract services would operate on all Housing Estates in the Borough, the contract would be managed by Enfield Homes;

4.            Members noted the improvements to the Borough’s environment and the benefits to residents.

Alternative Options Considered: NOTED the alternative options as detailed in section 4 of the report.

DECISION: The Cabinet

1.            agreed to confirm their decision to increase the number of grass cuts from eleven to twenty per annum;

2.         noted and approved the award of the Corporate Grounds Maintenance and Landscaping Contract and Housing Grounds Maintenance and Landscaping Contract (G/MD329 and G/MD332 respectively) to Enterprise MRS to commence on 5 January 2009 for a three-year term with a possible two single year extensions;

3.            agreed to an extra visit to shrub beds making three visits per annum;

4.         noted that the details of the evaluation exercise were contained in part 2 of this report (Minute No.21 below refers).

Reason: The tender received from Enterprise MRS was recommended for acceptance as their tender achieved the highest overall combined (quality and financial) evaluation score. The company scored the highest on quality, being able to meet substantially more of the specification requirements than the other five companies. Their financial evaluation was scored as the second placed company. The evaluation process was detailed in part 2 of the report.    

(Key decision – reference number 2696)

A report from the Director of Finance and Corporate Resources is attached. This outlines performance and organisational learning in respect of complaints handling for 2007/08.(Non-key)

(Report No.143)

Councillor Ann Zinkin (Cabinet Member for Customer Focus, Communications and Corporate Improvement) introduced the report of the Director of Finance and Corporate Resources (No.143) outlining performance and organisational learning in respect of complaints handling for 2007/08.

NOTED

1.         the content of the report in terms of performance and organisational learning derived from complaints handling;

2.         that responses to Ombudsman enquiries had for the third year running been within Ombudsman’s target time and the percentage of Council Complaint Scheme responses within target time had improved from 78% in 2006/07 to 85% in 2007/08;

3.         the annual letter from the Local Government Ombudsman and statistics as set out in Appendix C to the report. A similar level of complaints had been received (113 in 2007/08 and 109 in 2006/07). Complaints had been targeted and dealt with speedily. The Ombudsman had praised the Council’s action in settling complaints.

Alternative Options Considered: None.

Reason: To ensure the appropriate focus on complaints handling performance and learning from complaints was maintained.

(Non-key)

A report from the Director of Health and Adult Social Care, Director of Education, Children’s Services and Leisure and Director of Finance and Corporate Resources will be circulated as soon as possible. This seeks a formal decision about whether or not the Council should issue a legal challenge to the Secretary of State’s decision on the future of local acute hospital services at this time. (Report No.146, agenda part two also refers).  (Key decision – reference number U135/2785)

(Report No.144)

Councillor Michael Rye (Leader of the Council) introduced the report of the Director of Health and Adult Social Care, Director of Education, Children’s Services and Leisure, Director of Finance and Corporate Resources (No.144) seeking a formal decision about whether or not the Council should issue a legal challenge to the Secretary of State’s decision on the future of local acute hospital services at this time.

NOTED the contents of the report and that the issues were to be considered alongside confidential legal advice detailed in a part two report (Minute No.22 below refers).

Alternative Options Considered: NOTED that having reviewed the detailed advice contained within the subsequent part two report (Minute No.22 below refers), Members would need to consider whether it was in the Council’s best interest to issue a legal challenge to the proposals for the future of local hospital services at this time. In doing so Members would need to consider; the likelihood of any such challenge being successful, the outcomes that could be secured if the case was won and the direct and indirect cost of such a challenge alongside any impact on local health services or future plans.

Reason: To be addressed in the part two report (Minute No.22 below refers).

(Key decision – reference number U135/2785)

No items have been received for consideration at this meeting.

There were no issues arising for consideration at this meeting.

To confirm any items to be referred to the Council.

AGREED that the following report be referred to the Council:

1.            Report No.140 – Capital Programme and Prudential Indicator Monitoring Second Quarter 2008/09

Attached is a provisional list of items scheduled for future Cabinet meetings.

NOTED the list of provisional items scheduled for future Cabinet meetings.

Members are asked to consider any forthcoming key decisions for inclusion on the Council’s Forward Plan.

Note: the next Forward Plan is due to be published on 16 December 2008, this will cover the period from 1 January to 30 April 2009.  

NOTED that the next Forward Plan was due to be published on 16 December 2008. The Plan would cover the period from 1 January to 30 April 2009.

To receive, for information, the minutes of a meeting of the Local Development Framework Cabinet Sub-Committee held on 29 October 2008.

NOTED the Minutes of a meeting of the Local Development Framework Cabinet Sub-Committee held on 29 October 2008.

To confirm the minutes of the previous meeting of the Cabinet held on 5 November 2008.

AGREED that the Minutes of the meeting of the Cabinet held on 5 November 2008 be confirmed and signed by the Leader as a correct record.

To identify any matters arising from the above minutes.

There were no matters arising from the minutes.

To receive an oral update from members of the Enfield Strategic Partnership Board (Councillors Michael Rye (Chairman) and Michael Lavender).

NOTED that the Enfield Strategic Partnership had not met recently.  

Cabinet members may wish to take this opportunity to raise any issues which may be of interest to Cabinet colleagues.

18.1Customer Focus, Communications and Corporate Improvement

Councillor Ann Zinkin (Cabinet Member for Customer Focus, Communications and Corporate Improvement) reported on the success of a recent Business Breakfast which had been organised by the Council. The breakfast had been well received and attended.

Councillor Zinkin was also pleased to advise Members that Enfield had been awarded working neighbourhoods renewal funding of £2.8m (£1.2m for 2010/11 and £1.6m for 2011/12).

18.2Adult Social Services

Councillor Edward Smith (Cabinet Member for Adult Social Services) reported that Enfield had been visited by Beacon Assessors on 19 November 2008 following the Council’s application for a beacon award for its work in enabling disabled people to lead independent lives. The Council had been shortlisted for an award and the decision was awaited. Councillor Smith praised the amount of work which had been undertaken to make the visit informative and successful, in particular the event which had been hosted at the Park Avenue Day Centre.

18.3Environment and Street Scene

Councillor Terence Neville (Cabinet Member for Environment and Street Scene) was pleased to report that 18 refuse staff had been successful in passing the literacy awards.

Members noted that works had commenced on the planting of the trees along the Hertford Road. To date 34 trees had been planted, with approximately 350 trees due to be planted in total.

The Council had been shortlisted for the Association for Public Service Excellence “Best Performer – Street Cleansing 2008” award and for the “Most Improved Performer – Street Cleansing 2008”. The awards were due to be announced on 4 December 2008.

Councillor Neville also reported that Enfield’s entry into the London Planning Awards – Lee Valley Athletics Centre had been shortlisted under the Best Built project category. The winners would be announced in late January 2009.

The Council had also been shortlisted for the Sustainable Environment category of the Local Government Chronicle Awards in March. The themes of the Council’s submission had been selected to become a short 5 minute film which would be shown at a Sustainable Communites Seminar to be hosted by the Prime Minister at the end of March 2009.

Councillor Neville advised Members of the TfL grant which had been awarded to the Council for the coming year. No funds had been included to deal with parking issues including the problems which were being experienced on the Borough’s boundary with Haringey. A letter of representation would be sent to the Mayor of London.

18.4            Housing and Community Safety

Councillor Matthew Laban (Cabinet Member for Housing and Community Safety) reported that the Metropolitan Police had carried out a pro-active enforcement operation in partnership with Enfield Council to reduce the incidences of road traffic collisions and to educate and change driver behaviour. A number of arrests had been made for a variety of offences. 

The Borough’s cross agency crime fighting team had won a prestigious award for its innovative approach. At a ceremony in City Hall, the Enfield Crime Reduction Implementation Team had won the London  ...  view the full minutes text for item 19.

The next meeting of the Cabinet is scheduled to take place on Wednesday 17 December 2008 at 8.00pm.

NOTED that            the next meeting of the Cabinet had been scheduled to take place on Wednesday 17 December at 8.00pm at the Civic Centre.

Councillor Ann Zinkin (Cabinet Member for Customer Focus, Communications and Corporate Improvement) extended her apologies for absence for this meeting.

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 excluding the press and public from the meeting for the items of business listed on part 2 of the agenda on the grounds that they involve the likely disclosure of exempt information as defined in those paragraphs of Part 1 of Schedule 12A to the Act (as amended by the Local Government (Access to Information) (Variation) Order 2006).

(Members are asked to refer to the part 2 agenda)

RESOLVED in accordance with the principles of Section 100A(4) of the Local Government Act 1972 to exclude the press and public from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 3 and 5 of Part 1 of Schedule 12A to the Act (as amended by the Local Government (Access to Information) (Variation) Order 2006).

A report from the Director of Environment and Street Scene is attached. This should be read in conjunction with Report No.142, agenda part one refers.

(Report No.145)

(This document contains exempt information as defined in Paragraph 3 (information relating to the financial or business affairs of any particular person (including the authority holding that information)) of Schedule 12A to the Local Government Act 1972 as amended).

(Key decision – reference number 2696)

Councillor Terence Neville (Cabinet Member for Environment and Street Scene) introduced the report of the Director of Environment, Street Scene and Parks (No.145) supplementing the part one report as detailed in Minute No.7 above.

NOTED the tender evaluation details set out in the report.

(Exempt information as defined in Paragraph 3 (information relating to the financial or business affairs of any particular person (including the authority holding that information)) of Schedule 12A to the Local Government Act 1972 as amended)

(Key decision – reference number 2696)

A report from the Director of Health and Adult Social Care, Director of Education, Children’s Services and Leisure and Director of Finance and Corporate Resources will be circulated to Members at the meeting. This should be read in conjunction with Report No.144, agenda part one refers.

(Report No.146)

(This document contains exempt information as defined in Paragraph 5 (information in respect of which a claim to legal professional privilege could be maintained in legal proceedings) of Schedule 12A to the Local Government Act 1972 as amended).

(Key decision – reference number U135/2785)

Councillor Michael Rye (Leader of the Council) introduced the report of the Director of Health and Adult Social Care, Director of Education, Children’s Services and Leisure and Director of Finance and Corporate Resources (No.146) supplementing the part one report as detailed in Minute No.9 above, which was circulated at the meeting for Members’ consideration.

NOTED

1.         the detailed legal advice which had been provided for Members’ consideration;

2.         the matters requiring Members’ consideration as set out in the report;

3.         the views of individual Cabinet Members on the preferred way forward for the Council;

4.         that the decision would be open to the Council’s call-in procedures. In order to comply with the legal timetable, the Council would need to issue proceedings which would not prejudice the call-in process;

5.         the Council’s community leadership role, and that it was a legitimate function to consider a legal challenge.

Alternative Options Considered: NOTED the alternative options considered as set out in section 4 of the report.

DECISION: The Cabinet agreed following a unanimous vote that the Council should seek to challenge the decisions of the Secretary of State for Health and Barnet, Enfield and Haringey Primary Care Trusts about the future of services at local hospitals. It was agreed that the Council should seek a judicial review in the courts.

Reason: For Cabinet to make a formal decision about whether to challenge the Secretary of State/Primary Care Trusts’ decision.

(Exempt information as defined in Paragraph 5 (information in respect of which a claim to legal professional privilege could be maintained in legal proceedings) of Schedule 12A to the Local Government Act 1972 as amended)

(Key decision – reference number U135/2785)

The meeting ended at 10.00pm