Agenda and minutes

Cabinet
Wednesday, 15th November, 2017 8.15 pm

Venue: Conference Room, Civic Centre, Silver Street, Enfield, EN1 3XA. View directions

Contact: Jacqui Hurst Tel: 0208 379 4096. E-mail:  jacqui.hurst@enfield.gov.uk 

Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were received from Councillor Alev Cazimoglu (Cabinet Member for Health and Social Care), Councillor Vicki Pite Associate Cabinet Member – Enfield North), Gary Barnes (Acting Executive Director of Regeneration and Environment) and James Rolfe (Executive Director of Finance, Resources and Customer Services).

 

An apology for lateness was received from Peter George (Assistant Director Regeneration and Environment).

2.

DECLARATION OF INTERESTS

Members of the Cabinet are invited to identify any disclosable pecuniary, other pecuniary or non pecuniary interests relevant to items on the agenda.

Minutes:

Councillor Achilleas Georgiou (Deputy Leader) declared a non-pecuniary interest in agenda item 18 (part two agenda) – Meridian Water: Progress Update (Minute No.18 below refers).  

3.

URGENT ITEMS

The Chair will consider the admission of any 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 and Meetings) (England) Regulations 2012.

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

Minutes:

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 and Meetings) (England) Regulations 2012 with the exception of Report No.89 – September 2017 Revenue Monitoring Report (Minute No.6 below refers) and Report No.90 – Business Rates (Minute No.7 below refers). These requirements state that agendas and reports should be circulated at least 5 clear days in advance of meetings.

 

AGREED, that the above reports be considered at this meeting.

4.

DEPUTATIONS

To receive and consider any deputations that are received for presentation to this Cabinet meeting.

Minutes:

NOTED, that no requests for deputations had been received for presentation to this Cabinet meeting.

5.

ITEMS TO BE REFERRED TO THE COUNCIL

To agree that the following report be referred to full Council:

 

1.               Report No.90 – Business Rates

Minutes:

AGREED, that the following report be referred to full Council:

 

1.               Report No.90 – Business Rates (if required)

 

Members requested that prior to the above report being submitted to full Council, clarification be provided as to why a Council referral was necessary at this stage of the process.

6.

SEPTEMBER 2017 REVENUE MONITORING REPORT pdf icon PDF 226 KB

A report from the Executive Director of Finance, Resources and Customer Services will be circulated as soon as possible. (Key decision – reference number 4546)

(Report No.89)

(8.20 – 8.25 pm)

TO FOLLOW

Minutes:

Councillor Dino Lemonides (Cabinet Member for Finance and Efficiency) introduced the report of the Executive Director of Finance, Resources and Customer Services (No.89).

 

NOTED

 

1.               That the report set out the Council’s revenue budget monitoring position based on information to the end of September 2017.

 

2.               The revenue budget forecast remained at an outturn position of £5.6m overspend for 2017/18.

 

3.               The departmental monitoring information, budget pressures and mitigating actions as set out in the report. Members asked that future monitoring reports include more detailed information on the mitigating actions that were being taken and the relevant target figures. Further detail could be provided to the Cabinet Members for their own areas of responsibility.

 

4.               The information provided in Appendix A6 of the report with regard to the Schools Budget. It was noted that whilst this was not part of the General Fund, an overspend of approximately £4.4m was currently forecast, this in the main was due to the out Borough placements of SEN students. It was anticipated that the forthcoming provision at Minchenden would address this issue.

 

Alternative Options Considered: Not applicable to this report.

 

DECISION: The Cabinet agreed to note

 

1.               The £5.6m overspend revenue outturn projection.

 

2.               That Cabinet Members would continue to work with Executive Directors to implement action plans to reduce the forecast overspend in 2017/18.

 

3.               The mitigating actions proposed to date by Executive Directors of overspending departments as set out in Appendix A of the report.

 

Reason: To ensure that Members were aware of the projected budgetary position, 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 4546)

7.

BUSINESS RATES pdf icon PDF 251 KB

A report from the Executive Director of Finance, Resources and Customer Services will be circulated as soon as possible.

(Report No.90)

(8.25 – 8.30 pm)

TO FOLLOW

Minutes:

Councillor Dino Lemonides (Cabinet Member for Finance and Efficiency) introduced the report of the Executive Director of Finance, Resources and Customer Services (No.90).

 

NOTED

 

1.               That the Government had indicated its wish to see a London-wide business rate pilot pool established in April 2018. The Leaders’ Committee at London Councils had indicated an in-principle agreement to an application to Government for such a pool, subject to the individual approval of all London authorities.

 

2.               How the pool would operate, as set out in section 4 of the report.

 

3.               Paragraphs 5.3 and 5.4 of the report with regard to governance and timetabling. Members noted the complex decision making processes that were taking place and the financial clarity to be confirmed in due course.

 

4.               Following discussion, Members approved the recommendations of the report which if required, would be referred to full Council.

 

Alternative Options Considered: In the light of the possible financial benefits, and the proposals for how these benefits might be shared, the preferred option was to join a London-wide pool, rather than remain in the present situation. The prospectus from London Councils sets out different options for sharing any potential gain amongst London authorities.

 

DECISION: The Cabinet agreed to note the report and RECOMMENDED TO COUNCIL (if required, Minute No.5 above referred)

 

1.               To agree in-principle to participation in a 2018/19 pilot London business rate pool and

 

2.               Delegate authority to the Leader of the Council and the Executive Director of Finance, Resources and Customer Services to take the necessary actions to finalise the agreements regarding designation of the pool, operation of the pool and distribution of financial benefits and implement the proposals.

 

Reason: There were potential financial benefits to this council and London wide from joining a pilot pool which was why it was recommended that London Borough of Enfield participate. Because of the timescale, it was requested that authority to conclude this process be delegated to the Leader and to the Executive Director of Finance, Resources and Customer Services.

(Key decision – reference number 4602)

 

8.

PUBLIC SPACES PROTECTION ORDERS pdf icon PDF 280 KB

A report from the Executive Director of Regeneration and Environment and Executive Director of Health, Housing and Adult Social Care is attached. (Key decision – reference number 4568)

(Report No.91)

(8.30 – 8.35 pm)

Additional documents:

Minutes:

Councillor Daniel Anderson (Cabinet Member for Environment) introduced the report of the Executive Director of Health, Housing and Adult Social Care and Executive Director of Regeneration and Environment (No.91).

 

NOTED

 

1.               That this represented an extensive piece of work and introduced a range of measures to tackle anti-social behaviour issues. Public views had been sought and a robust evidenced based process followed.

 

2.               The anti-social behaviours that had been identified for a series of Public Spaces Protection Orders (PSPOs) as set out in paragraph 3.2.1 of the report. There had been positive support received through the consultation feedback as set out in the report.

 

3.               Members went through each PSPO detailed in the report on an individual basis. The comments and discussions arising are set out below, those with no issues arising were accepted without further question.

 

4.               Prohibit the holding of fireworks to cause intimidation etc or throwing of fireworks: In response to a question raised by Councillor Brett, it was noted that this could only be applied to public land. Measures would be taken to publicise this PSPO particularly during the months when fireworks were most prevalent. This proposed PSPO was accepted by Members.

 

5.               Dog Controls: Failure of the person in charge of a dog to have it on a lead at all times in the designated area: In response to issues raised by Councillor Sitkin further clarification would be provided within the wording of the PSPO.

 

6.               Dog Controls: The maximum number of dogs in a person’s charge is four unless in possession of a valid licence issued by the Council permitting up to six dogs. A discussion took place on this issue with a number of concerns raised by Councillor Sitkin with regard the number of dogs specified. Questions were raised as to when a licence would be required and by whom and the potential impact on individuals owning more than 4 dogs. Members also noted the need to protect all park users, particularly children, and for multiple dog owners/walkers to ensure that dog fouling was effectively dealt with. The controllable nature of the dogs in question was also a factor. There were a range of associated factors. Members also questioned how this PSPO would be effectively enforced. The comment received from the Kennel Club, detailed in the report, was noted. In conclusion Members noted the need to balance the needs of dog walkers and other park users. This PSPO was agreed in principle subject to further work being undertaken to consider the required controls over dogs, the numbers involved and control mechanisms in place. This would be delegated to Councillor Anderson to agree following further work undertaken by officers to address Members’ concerns.

 

7.               Prostitution: Councillor Brett requested amendments to the wording to require consideration being given to “signpost sex workers to other jobs” and for prosecuted kerb crawlers to be referred to “appropriate behaviour training programmes”. It was noted that the PSPO would provide another enforcement tool in addition to those police powers  ...  view the full minutes text for item 8.

9.

Genotin Road Car Park, Enfield Town pdf icon PDF 265 KB

A report from the Executive Director of Finance, Resources and Customer Services and Executive Director of Regeneration and Environment is attached (Report No.95, agenda part two also refers). (Key decision – reference number 4567)

(Report No.93)

(8.35 – 8.40 pm)

Additional documents:

Minutes:

Councillor Alan Sitkin (Cabinet Member for Economic Regeneration and Business Development) introduced the report of the Executive Director of Finance, Resources and Customer Services and Executive Director of Regeneration and Environment (No.93). Councillor Sitkin commended the proposals to Cabinet and emphasised the importance of retaining Metaswitch Networks Ltd. within the Borough, as set out in the report. Councillor Sitkin further highlighted the economic impacts and the proposals going forward for public parking provision. The loss of Metaswitch Networks Ltd. to the Borough would be significant. The Council’s regeneration aspirations were noted together with the need to attract businesses and inward investment to the Borough.

 

Councillor Taylor reported that comments on the report had been received from Councillor Terry Neville in his capacity as a Grange Ward Councillor. Councillor Taylor agreed that Councillor Neville’s comments for Cabinet consideration be recorded in the minutes, as appended. Councillor Taylor then ensured that the points raised were discussed and responded to.

 

NOTED

 

1.               That Report No.95 also referred as detailed in Minute No.17 below.

 

2.               Members discussed the timing of the proposals in terms of the Enfield Town Masterplan and compatibility with the framework and the consultation process which had been undertaken. Officers explained that the timing had been generated by the requirements of Metaswitch who had considered potential sites both within and outside of the Borough with the Genotin Road site being their favoured option. This was led by the leasehold element of their existing premises coming to an end next year and, that it would not be renewed by the site owner.

 

3.               With regard to the compatibility with the Masterplan and consultation, Officers explained that the proposal was consistent and that whilst the Masterplan was not required for such applications, they could work together and inform each other as issues progressed and developed. Any application coming forward would be subject to detailed planning consent.

 

4.               In response to a question raised, it was noted that Portcullis Lodge Car Park was on Metropolitan Open Land and adjacent to a Conservation Area, the development opportunities for this site were therefore more restricted.

 

5.               That the Masterplan had identified the site for potential mixed use development including office, residential and commercial. It was reiterated that detailed planning consent would be required.

 

6.               Officers responded to issues raised by Members with regard to the Mayor of London’s Transport Strategy and the London Plan, and the potential impact on this application. There were a number of key issues for determination.

 

7.               Members discussed the current and anticipated public parking capacity requirements in Enfield Town. The proposals in going forward were outlined in more detail including the provision of weekend and evening parking by Metaswitch and the potential use of Council staff car parks for the same periods to meet demand. It was noted that Portcullis Lodge car park would provide approximately 80 spaces. There would be minimal loss of parking revenue as parking would be provided elsewhere and a payment negotiated with Metaswitch during the development  ...  view the full minutes text for item 9.

10.

ISSUES ARISING FROM THE OVERVIEW AND SCRUTINY COMMITTEE

To note that there are no items to be considered at this meeting.

 

Minutes:

NOTED that there were no items to be considered at this meeting.  

11.

CABINET AGENDA PLANNING - FUTURE ITEMS pdf icon PDF 140 KB

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

Minutes:

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

 

12.

MINUTES pdf icon PDF 151 KB

To confirm the minutes of the previous meeting of the Cabinet held on 30 October 2017.

Minutes:

AGREED, that the minutes of the previous meeting of the Cabinet held on 30 October 2017 be confirmed and signed by the Chair as a correct record.

13.

STATEMENT IN RESPONSE TO CONSULTATION ON POTENTIAL CHANGES TO CHARGING POLICY FOR ADULT SOCIAL CARE SERVICES

To note the following statement from Councillor Alev Cazimoglu:

 

I want to thank all of the local people and representatives who have engaged with and responded to the recent consultation on potential changes to the Council’s Charging Policy for Adult Social Care Services.

 

Having listened to and considered the strength and breadth of views expressed I will not be bringing forward any recommendations for decision at this meeting. 

 

The Council is required to meet growing demand for the care and support of older and disabled people locally with insufficient funding from Central government, this has and will continue to necessitate a number of difficult decisions.  In that context it is important to take a longer and more in depth look at how best to ensure fairness in our charging policy and use of resources in future years.

 

Cllr Alev Cazimoglu

 

Minutes:

NOTED, the following statement from Councillor Alev Cazimoglu (Cabinet Member for Health and Social Care):

 

“I want to thank all of the local people and representatives who have engaged with and responded to the recent consultation on potential changes to the Council’s Charging Policy for Adult Social Care Services.

 

Having listened to and considered the strength and breadth of views expressed I will not be bringing forward any recommendations for decision at this meeting.

 

The Council is required to meet growing demand for the care and support of older and disabled people locally with insufficient funding from Central government, this has and will continue to necessitate a number of difficult decisions. In that context it is important to take a longer and more in depth look at how best to ensure fairness in our charging policy and use of resources in future years.”

14.

ENFIELD STRATEGIC PARTNERSHIP UPDATE

To note that there are no written updates to be received.

Minutes:

NOTED, that there were no written updates to be received at this meeting.

 

15.

DATE OF NEXT MEETING

To note, that the date of the next Cabinet meeting will be confirmed at the meeting.

Minutes:

AGREED, that the next meeting of the Cabinet take place on Wednesday 20 December 2017 at 8.15pm.

16.

EXCLUSION OF THE PRESS AND PUBLIC

To consider passing a resolution under Section 100(A) 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)

Minutes:

RESOLVED, in accordance with Section 100(A) of the Local Government Act 1972 to exclude the press the and public from the meeting for the items listed on part two of the agenda on the grounds that they involve the likely disclosure of 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 Part 1 of Schedule 12A to the Act (as amended by the Local Government (Access to Information) (Variation) Order 2006).

17.

GENOTIN ROAD CAR PARK

A report from the Executive Director of Finance, Resources and Customer Services and Executive Director of Regeneration and Environment is attached. This should be read in conjunction with Report No.93, agenda part one refers. (Key decision – reference number 4567)

 

(This report 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).

 

(Report No.95)

 

Minutes:

Councillor Alan Sitkin (Cabinet Member for Economic Regeneration and Business Development introduced the report of the Executive Director of Finance, Resources and Customer Services and Executive Director of Regeneration and Environment (No.95).

 

NOTED

 

1.               That Report No.93 also referred as detailed in Minute No.9 above.

 

2.               Following the detailed discussion outlined in Minute No.9 above, Members reiterated the significant economic impact for the Borough and noted the proposed options in going forward. It was noted that option 2 was initially supported by both parties. Members acknowledged the further work that was required, including with regard to the financial implications and the potential risks. Concerns expressed by individual Members were discussed and addressed by officers present.

 

3.               The need to amend the recommendations in the light of the changes agreed in part one (Minute No.9 above refers) and the outstanding issues requiring further consideration including financial modelling, parking provision and business rate income. Whilst Members supported the proposals in principle at this stage, a number of issues needed to be resolved.

 

4.               The value in considering two options for comparison and detailed consideration. Clarification was provided on the valuation processes to be followed and the potential ground rent income. Both options should be kept open at this stage of the process. Officers outlined the discussions which had taken place with Metaswitch to date.

 

5.               The recommendations were amended in the light of discussions, as reflected in the decisions below.

 

Alternative Options Considered: As detailed in Report No.93, Minute No.9 above refers.

 

DECISION: The Cabinet

 

1.               Subject to the decision of Cabinet in part one (Minute No.9 above refers), to approve that the Council enters into further negotiations with Metaswitch Networks Ltd., in respect of the potential Options for the disposal of the site.

 

2.               Noted that a further report to Cabinet and Council would be forthcoming which would demonstrate the impact on the Council’s finances of the preferred Option and which would also seek to approve the Option the Council enters into with Metaswitch Networks after planning approval for the site.

 

Reason: As detailed in Report No.93, Minute No.9 above refers.

(Key decision – reference number 4568)

18.

MERIDIAN WATER: PROGRESS UPDATE

To receive, a verbal update on the progress of the Meridian Water project.

 

(This item will contain 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)

Minutes:

Peter George (Assistant Director Regeneration and Environment) updated Members on the progress which had been made following the Cabinet meeting held on 30 October 2017. The relevant timings going forward were outlined. A further report would be presented to a future Cabinet meeting.