Agenda and minutes

The Mayor’s Chaplain to give a blessing.

Reverend Trevor Smith gave a blessing on the Council.

The Mayor welcomed Geoffrey Mills, Chairman of the Standards Committee, to the Council meeting.

The Mayor made the following announcements, reviewing his year in office:

1          School Visits to the Mayor’s Parlour

A number of Schools had visited the Mayor’s Parlour. A lot of interesting questions had been posed by the children and their views expressed on a number of issues including the Olympics 2012.

2          Meeting the Community Groups in the Borough

I have met with a number of different community groups and charities in the Borough and have been impressed by the valuable work undertaken.

3.         Edmonton Carnival

I attended the recent Edmonton Carnival, which was an interesting and well-attended event. The Borough’s twinned Mayors from Greece and Turkey had been in attendance and had exchanged flags.

4.         Strictly Dancing – Mayor’s Charity Dinner and Dance

Thank you to the organisers of a well-run and worthwhile event. The Mayor’s charity appeal currently stood at £42,500, this would support disadvantaged young people in the Borough. There were a number of groups in Enfield undertaking valuable work with young people.

5.         Poem – You Are My Brother

I would like to conclude by reciting a poem I heard during a recent school visit which I felt was touching and significant to all of us in our diverse borough:

“You are my brother,

you are my friend.

You are my sister,

Our love should never end.

Whatever colour our skin or our hair.

Let us live together

This is our prayer.

Lift your banners high

Work for justice and for peace.

Lift your banners high

May our friendship never cease.

Lift your banners high

We will sing in ev’ry land.

Lift your banners high

For in Jesus’ name we stand.”

Councillor Rye expressed his thanks and appreciation to the Mayor for his year in office and for the support of his Mayoress.  He congratulated the Mayor on the considerable amount of work he had undertaken and for being a great ambassador for the borough. He also extended his congratulations to the Mayor for raising a significant amount of money for his charity fund.

Councillor Rodin endorsed the thanks and appreciation expressed by Councillor Rye and extended his best wishes to the Mayor.

The Mayor invited those Councillors who were not standing in the forthcoming Council elections, to address the meeting.

Councillors Antoniou, Boast, Dey, Dreblow, Rodin and Giladi spoke at the meeting outlining their personal experiences as Councillors.

To approve, as a correct record, the minutes of the Council meeting held on 24 February 2010.

AGREED that the minutes of the Council meeting held on 24 February 2010 be confirmed and signed as a correct record.

Apologies for absence were received from Councillors Bond, Ford, McGowan and Zinkin.

Members of the Council 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.

Councillor Ertan Hurer declared a personal interest in agenda item 15.3 – Motion in the name of Councillor Charalambous regarding the relocation of Palmers Green Library as he had business interests in the Palmers Green area.

Councillor Lemonides declared a prejudicial interest in agenda items 10 – Honeysuckle House, Oakthorpe Road, N13 5HY (Report No.253) and item 1 of the part 2 agenda on the same issue (Report No.217); and, agenda item 15.2 – motion in the name of Councillor Chamberlain regarding local health services, as he had interim employment with the Enfield Primary Care Trust.

Councillor Hurer moved, and Councillor Rye, seconded a motion to change the order of business on the agenda under paragraph 2.2 (page 4-5) of the Council’s Procedure Rules to enable the meeting to take Item 15.3 – Motion in the name of Councillor Charalambous as the next item of business. This was agreed by the meeting.

Councillor Charalambous moved and Councillor Rodin seconded, the following motion:

“This Council deplores the incompetence and waste of money in attempting to relocate Palmers Green Library to 284 Green Lanes, N13”.

During the debate Councillor Charalambous referred to an email from a council officer on the issue of the surveys undertaken prior to entering into a lease on the 284 Green Lanes. He agreed to provide Councillor Lavender with a copy of the email.

Following a lengthy debate, the motion was then put to the vote and lost with the following result:

For: 27

Against: 31

Abstained: 0

An issues paper prepared by the Labour Group is attached for the consideration of Council.

The Constitution Procedure Rules relating to Opposition Business are attached for information.

Councillor Rodin introduced the issues paper prepared by the Labour Group and moved the proposal set out below:

“This Council resolves to abandon its plan to relocate Palmers Green Library, but instead instructs the Chief Executive to set up a project Team to turn the former Marks and Spencer premises in Green Lanes into retail units and workshop space to be made available on a subsidised basis to new local businesses that employ and train local unemployed. This project Team will complete its work within 3 months from today.”

Councillor Rodin highlighted during the debate his view that the Council was not willing to invest its own resources to do what it could to redress the inequality faced by many residents in the borough.  He cited the Council’s failure to bid for resources to provide free school meals as an example of this and stressed that this important issue had to be addressed by the incoming council.

Councillor Goddard seconded the proposal set out in the report.

Councillor Rye responded on behalf of the Majority Group. He highlighted that the poverty gap had increased under the current Labour Government, it had taken the country into its worst recession since the 1930s and had short changed this authority in terms of the resources provided because it decision to include Enfield in East London.  He confirmed that any money attracted into the borough was down to the hard work of Cabinet Members and Council officers.

Councillor Rodin summed up the debate on behalf of the Labour Group, by confirming that this debate had highlighted the real difference between the two groups that the electorate would be asked to decide on at the coming election.  He did not believe the Conservative Group wanted to tackle the problems faced by many residents of the borough.

In response to the debate, Councillor Rye highlighted that the Council had spent more of its resources in the east of the borough, that the careers service was to be passed back to the Council and this would enable the authority to better address the needs of young people.  He rejected the proposal of the Labour Group and confirmed that the Conservative Group would continue to implement the existing policies of this Council.

Following a lengthy debate the proposal set out above was put to the vote and lost with the following result:

For:     25

Against:  31

Abstain:  2

To receive the report of the Director of Place Shaping and Enterprise (No. 236) recommending to Council the adoption of the Parks and Open Spaces Strategy together with its delivery plan and rolling action plan.

The recommendations set out in the report are to be considered at the Cabinet meeting to be held on 24 March 2010.

Copies of the Parks and Open Spaces Strategy, consultation statement and the rolling action plan have been placed on deposit in the Members Library, group offices and on the democracy pages of the Council’s website.

Councillor Lavender moved and Councillor Chamberlain seconded the report of the Director of Place Shaping and Enterprise (No. 236) recommending to Council the adoption of the Parks and Open Spaces Strategy together with its delivery plan and rolling action plan.

NOTED that the recommendations set out in the report had been endorsed at the Cabinet meeting held on 24 March 2010.

AGREED the adoption of the Parks and Open Spaces Strategy together with its Delivery Plan and Rolling Action Plan.

To receive the report of the Director of Finance and Corporate Resources (No. 252) seeking Council approval to a change to the Capital Programme arising from the third quarter capital monitoring report.

The recommendation set out in the report was endorsed at the Cabinet meeting held on 3March 2010.

NOTED that this item had been withdrawn from the Council agenda.

To receive the report of the Director of Health and Adult Social Care (No. 253) seeking approval of the acquisition of the remaining financial interest held by NHS Enfield in Honeysuckle House Care Home.

The recommendations set out in the report were endorsed at the Cabinet meeting held on 3 March 2010.

Councillor Lemonides left the Chamber for the discussion of this item.

Councillor E.Smith moved and Councillor Pearce seconded the report of the Director of Health and Adult Social Care (No. 253) seeking approval of the acquisition of the remaining financial interest held by NHS Enfield in Honeysuckle House Care Home.

NOTED

1.         that the recommendations set out in the report had been endorsed at the Cabinet meeting held on 3 March 2010;

2.         that Report No.217 also referred, as detailed in Minute No.157 below;

AGREED the capital payment set out in the part 2 report (No. 217) to NHS Enfield as full and final settlement of all responsibilities in respect of the original contribution by the NHS in the Section 28a agreement of 1995.

To receive the report of the Director of Environment and Street Scene (No. 254) setting out the delegated authority arrangements within Environment and Street Scene Department and updating the arrangements in respect of delegated powers within the Planning & Environmental Protection, Highways & Transportation Services and Waste Management Divisions; and the Community Safety Unit; as a consequence of changes in structures, posts and legislation.

Councillor Neville moved and Councillor R.Hayward seconded the report of the Director of Environment and Street Scene (No. 254) setting out the delegated authority arrangements within Environment and Street Scene Department and updating the arrangements in respect of delegated powers within the Planning & Environmental Protection, Highways & Transportation Services and Waste Management Divisions; and the Community Safety Unit; as a consequence of changes in structures, posts and legislation.

AGREED the delegated authorities set out in the report (Appendices A – H).

To receive the report of the Director of Finance and Corporate Resources (No. 255) seeking approval of the draft Constitutional amendments necessary to implement the new governance arrangements and which are appended to this Report as Schedule One.

The recommendations set out in the report were endorsed at the Governance Review Group meeting held on 4 March 2010.

Councillor Rye moved and Councillor Boast seconded the report of the Director of Finance and Corporate Resources (No. 255) seeking approval of the draft Constitutional amendments necessary to implement the new governance arrangements and which are appended to this Report as Schedule One.

NOTED that the recommendations set out in the report had been endorsed at the Governance Review Group meeting held on 4 March 2010.

AGREED

1.         the draft constitutional amendments necessary to implement the new governance arrangements and appended to this Report as Schedule One, with effect from 9 May 2010.

2.         the decision-making arrangements for urgent business between the new Executive arrangements coming into force on 11th May 2010 and the first annual meeting after the May election on 26^th May 2010, and for further interim periods hereafter. It was recommended that the Chief Executive takes any such urgent decisions after consulting the relevant party leaders.

3.         the procedure for electing a new Leader in the event of his or her removal and approve the Constitutional amendment for the same in Paragraphs 3.4 - 3.6 and Page 3 of Schedule One.

4.         the designation of the post of Head of Corporate Scrutiny Services as the Council’s statutory Scrutiny Officer pursuant to the statutory requirement in the Local Democracy, Economic Development and Construction Act 2009 with effect from 1^st April 2010, together with the relevant constitutional amendment at Page One of Schedule One.

13.1    Urgent Questions (Part 4 - Paragraph 9.2.(b) of Constitution – Page 4-9)

With the permission of the Mayor, questions on urgent issues may be tabled with the proviso of a subsequent written response if the issue requires research or is considered by the Mayor to be minor.

Please note that the Mayor will decide whether a question is urgent or not. 

The definition of an urgent question is “An issue which could not reasonably have been foreseen or anticipated prior to the deadline for the submission of questions and which needs to be considered before the next meeting of the Council.”

Submission of urgent questions to Council requires the Member when submitting the question to specify why the issue could not have been reasonably foreseen prior to the deadline and why it has to be considered before the next meeting. 

A supplementary question is not permitted.

13.2    Councillors’ Questions (Part 4 – Paragraph 9.2(a) of Constitution – Page 4 - 8)

The twenty three questions and responses are attached to the agenda.

1.         Urgent Questions (Part 4 - Paragraph 9.2.(b) of Constitution – Page 4-9)

None received.

2.         Questions by Councillors

NOTED

1.         the twenty three questions, on the Council’s agenda, which received a written reply by the relevant Cabinet Member.

2.         the following supplementary questions received for the questions indicated below:

Question 1 from Councillor Dreblow to Councillor Neville, Cabinet Member for Environment and Street Scene

“Can Councillor Neville advise why fair-trade products are currently not being provided at the Civic Centre, Dugdale House and Community House and can we have an assurance that they will be used in the future?

Reply from Councillor Neville:

“Fairtrade tea is being served, the coffee machines currently in use are not able to use fair-trade coffee but this will be addressed in due course, fair-trade sugar will also be provided shortly. Progress is being made.”

Question 2 from Councillor Giladi to Councillor Vince, Cabinet Member for Education and Children’s Services

“Is Councillor Vince comfortable that the same person who is the Chairman of the Turin Grove Governing Body which built up a significant deficit was also the Chairman of the Schools Forum which is responsible for deciding on the use of surpluses held by other schools.  That same person is also the Chairman of the Schools Forum Appeals Panel that determines appeals received from schools on this issue.  Does she agree with me that this golden triangle is inappropriate?”

Reply from Councillor Vince:

“The Schools’ Forum is an independent Panel which chooses its own membership. Councillor Giladi should raise her concerns directly with the Schools’ Forum.”

Question 3 from Councillor McGregor to Councillor Neville, Cabinet Member for Environment and Street Scene

“With a public body appearing to be going against the recommendation of the Independent Review Panel that transport must be focused on as a priority, Transport for London (TfL) appears to be distancing themselves from the process by not attending all Transport Working Group meetings.  How does Councillor Neville propose to pursue this further?”

Reply from Councillor Neville:

“I have sympathy with the point expressed by Councillor McGregor, TfL remains the main transport provider in London and they do appear to have disengaged themselves from this process. I have raised with TfL this issue and they have confirmed that they do not have the resources to attend all public meetings. The Mayor of London’s Transport Adviser, has given me an assurance that this issue will be given proper attention. I can also confirm that the Mayor’s new Transport Strategy emphasises the need to ensure that health care services are accessible to all.”

Question 4 from Councillor Rodin to Councillor Rye, Leader of the Council:

“In my question I was referring to the recent wrap-around in the Enfield Advertiser regarding the Environment and Street Scene Department.  Can Councillor Rye give an assurance that this waste of public money will not happen again.”

Reply from Councillor Rye:

“I can assure you that the answer provided is accurate and that our adverts do comply with the  ...  view the full minutes text for item 148.

NOTED

1.         that in accordance with Council Procedure, Rule 8 (page 4-7 – part 4), the Mayor advised the Council that the time available for the meeting had elapsed and the remaining items of business would be dealt with in accordance with the expedited procedure.

2.         that the remaining items of business would be put to the vote without debate.

Council is asked to note the decision taken and the reason for urgency.  The decision set out below was made in accordance with the Council’s Constitution and Scrutiny Rules of Procedure (Paragraph 17.3 – relating to the waiving of the requirement to allow a 5-day call-in period):

i.          Acquisition of land for the Oasis Hadley Academy, Ponders End

Decision:

That the Director of Place Shaping and Enterprise and the Co-Director of Education, Children’s Services and Leisure (in consultation with the Cabinet Members for Finance and Resources and Education and Children’s Services) be authorised to exchange contacts and complete the acquisition of the freehold interest in land at South Street, Ponders End on the terms outlined in this report and in accordance with the Cabinet decision dated 10 September 2008.

Reason for Urgency:

Failure to acquire the site would place £28 million of government funding for Ponders End for the project at serious risk of loss, and in any case delay to the project would incur substantial costs and reduce the number of primary school places available in the area in 2012.

NOTED the decision taken and the reason for urgency set out below was made in accordance with the Council’s Constitution and Scrutiny Rules of Procedure (Paragraph 17.3 – relating to the waiving of the requirement to allow a 5-day call-in period):

i.          Acquisition of land for the Oasis Hadley Academy, Ponders End

Decision:

That the Director of Place Shaping and Enterprise and the Co-Director of Education, Children’s Services and Leisure (in consultation with the Cabinet Members for Finance and Resources and Education and Children’s Services) be authorised to exchange contracts and complete the acquisition of the freehold interest in land at South Street, Ponders End on the terms outlined in this report and in accordance with the Cabinet decision dated 10 September 2008.

Reason for Urgency:

Failure to acquire the site would place £28 million of government funding for Ponders End for the project at serious risk of loss, and in any case delay to the project would incur substantial costs and reduce the number of primary school places available in the area in 2012.

15.1    In the name of Councillor Lamprecht

“This Council calls upon the Government to freeze the increases in Business Rates for two years following the revaluation of premises which has resulted in massive and unwelcome increases in some cases of over 100%.”

15.2    In the name of Councillor Chamberlain

“This Council calls upon the Government to halt their programme of cuts to Accident and Emergency services at hospitals in London, and especially at Chase Farm Hospital.

This Council demands that local General Practitioners, Clinicians and Local Authorities should determine local health needs.”

15.3    In the name of Councillor Charalambous:

"This Council deplores the incompetence and waste of money in attempting to relocate Palmers Green Library to 284 Green Lanes, N13."

Content / length of speeches and Speakers

The Constitution confirms that speeches must be directed to the question under discussion, to a personal explanation or point of order.  No speech may exceed 5 minutes without the consent of the Mayor.  As an exception, the mover of a motion (other than to receive or adopt reports of the Cabinet, a Committee/Sub-Committee or Panel or appropriate officer) may speak for 15 minutes in total, with an option of 5 or 10 minutes for proposing the motion and 5 or 10 minutes in exercising the right of reply.  There should be no variations allowed between these two options.  A maximum of 10 minutes should be allowed at any one period.

The motions set out below lapsed due to lack of time:

15.1         In the name of Councillor Lamprecht

“This Council calls upon the Government to freeze the increases in Business Rates for two years following the revaluation of premises which has resulted in massive and unwelcome increases in some cases of over 100%”.

15.2         In the name of Councillor Chamberlain

“This Council calls upon the Government to halt their programme of cuts to Accident and Emergency services at hospitals in London, and especially at Chase Farm Hospital.

This Council demands that local General Practitioners, Clinicians and Local Authorities should determine local health needs”.

To confirm the following change to committee memberships:

1.         Standards Committee Independent Member Appointment Panel

To set up an Appointment Panel for the vacancy of an Independent Member when Rufus Barnes steps down in May 2010.

NOTED the following change to committee memberships:

Standards Committee Independent Member Appointment Panel

AGREED to set up an Appointment Panel for the vacancy of an Independent Member when Rufus Barnes steps down in May 2010.

The Panel to comprise of 2 members of the Majority Group, 2 members of the Opposition Group and 2 independent members (Co-opted).

To confirm any changes to nominations to outside bodies.

None received.

None received.

None received.

The next meeting of the Council will be held on Wednesday 26 May 2010 at 7.00 p.m. at the Civic Centre.

NOTED that the next meeting of the Council was to be held on Wednesday 26 May 2010 at 7.00 p.m. at the Civic Centre.

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 item of business on part 2 of the agenda on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the Act (as amended by the Local Government (Access to Information) (Variation) Order 2006).

AGREED in accordance with Section 100A (4) of the Local Government Act 1972 to exclude the press and public from the meeting for the item of business listed on part 2 of the agenda on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Act (as amended by the Local Government (Access to Information) (Variation) Order 2006).

To receive the report of the Director of Health and Adult Social Care.

Councillor Lemonides left the Chamber for the discussion of this item.

Councillor Edward Smith moved and Councillor Pearce seconded the report of the Director of Health and Adult Social Care (No.217) seeking agreement to the acquisition of the remaining financial interest held by NHS Enfield in Honeysuckle House Care Home.

NOTED that Report No.253 also referred as detailed in Minute No.145 above.

AGREED to approve the payment to NHS Enfield up to the amount specified in the recommendation of the report, as full and final settlement of all responsibilities in respect of the original contribution by the NHS in the Section 28a agreement of 1995.

(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 by the Local Government (Access to Information) (Variation) Order 2006).