Agenda and minutes

Apologies for absence were received from Councillors Achilleas Georgiou, Ayfer Orhan and Andrew Stafford, and, Rob Leak, Andrew Fraser, James Rolfe, Ian Davis and Asmat Hussain who were all attending a meeting of the Overview and Scrutiny Committee.

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

Councillor Ahmet Oykener (Cabinet Member for Housing) declared a disclosable pecuniary interest in Report Nos. 103 and 104 – Proposal for the Extension of Home Based Support Service Contracts (Minute Nos. 10 and 20 below) due to his employment with one of the agencies detailed in the reports.

Councillor Oykener left the meeting for the discussion of the above reports.

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 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.

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. These requirements state that agendas and reports should be circulated at least 5 clear days in advance of meetings.

To note that no requests for deputations (with or without petitions) have been received for presentation to this Cabinet meeting.

NOTED that no requests for deputations (with or without petitions) had been received for presentation to this Cabinet meeting.

To note that there are no items to be referred to full Council.

AGREED that there were no items to be referred to full Council.

A report from the Director of Finance, Resources and Customer Services is attached. This sets out the Council’s revenue budget monitoring position based on information to the end of September 2012, updates Cabinet on progress on balancing the Medium Term Financial Plan and plans for budget consultation.  (Key decision – reference number 3539)

(Report No.99)

(8.20 – 8.25 pm)

Councillor Doug Taylor (Leader of the Council) introduced the report of the Director of Finance, Resources and Customer Services (No.99) setting out the Council’s revenue budget monitoring position based on information to the end of September 2012, updating Cabinet on progress on balancing the Medium Term Financial Plan and plans for budget consultation.

NOTED Appendix 2 of the report which set out the efficiency savings which had been identified. The proposed savings had been subject to discussions with the individual Cabinet Members and Directors.

Alternative Options Considered: Not applicable to this report.

DECISION: The Cabinet

1.         noted the £191k underspend revenue outturn projection;

2.         agreed that departments reporting pressures should formulate and implement action plans to ensure that they remain within budget in 2012/13;

3.         noted the progress made to date in the preparation of the 2013/14 revenue budget and review of the Medium Term Financial Plan 2013-17 including £12.4m of efficiency savings over the period of the Medium Term Financial Plan listed in Appendix 2 to the report;

4.         agreed to delegate responsibility for determining and leading the 2013-14 Budget Consultation process to the Cabinet Member for Finance and Property in consultation with the Director of Finance, Resources and Customer Services.

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 3539)

A report from the Director of Finance, Resources and Customer Services is attached. This informs Members of the current position regarding the Council’s 2012 to 2015 capital programme taking into account the latest re-profiling information for all capital schemes. (Key decision – reference number 3575)

(Report No.100)

(8.25 – 8.30 pm)

Councillor Doug Taylor (Leader of the Council) introduced the report of the Director of Finance, Resources and Customer Services (No.100) informing Members of the current position regarding the Council’s 2012 to 2015 capital programme taking into account the latest re-profiling information for all capital schemes.

NOTED that the capital programme represented a significant level of investment. Members’ attention was drawn to section 7 of the report regarding the Capital Prudential Indicators. Any decision to amend the indicators would be reflected in the quarter three monitoring report and taken to full Council in accordance with the Council’s Constitution. The Council’s financial position remained robust.

Alternative Options Considered: None.

DECISION: The Cabinet agreed

1.         the re-profiled three year programme;

2.         the growth of the Capital Programme of £1.2m in 2012/13, the majority of which was funded by grants and contributions;

3.         the net reduction of the Capital programme by £8.0m in 2012/13 to reflect slippage into future years and scheme revisions.

Reason: To consider the current position regarding the Council’s 2012 to 2015 capital programme.

(Key decision – reference number 3575)

A report from the Director of Regeneration, Leisure and Culture is attached. This seeks agreement to revised terms of reference for the newly named Local Plan Cabinet Sub-Committee to reflect changes to plan making legislation. (Non key)  

(Report No.101)

(8.30 – 8.35 pm)

Councillor Del Goddard (Cabinet Member for Business and Regeneration) introduced the report of the Director of Regeneration, Leisure and Culture (No.101) seeking agreement to revised terms of reference for the newly named Local Plan Cabinet Sub Committee to reflect changes to plan making legislation, including the introduction of the Community Infrastructure Levy and neighbourhood planning. The report also proposed to increase the Sub-Committee membership from three to four voting members.

NOTED

1.         Councillor Goddard drew Members’ attention to the proposed terms of reference for the Local Plan Cabinet Sub-Committee as set out in the report. In particular, the arrangements regarding the Community Infrastructure Levy and Neighbourhood Planning were explained. The role of the Sub-Committee and the need to make recommendations to the Cabinet and full Council when appropriate were outlined in full, as set out in the report;

2.         that the terms of reference for the Local Plan Cabinet Sub-Committee could be agreed by the Cabinet and did not need to be referred to the Member and Democratic Services Group at this stage;

3.         the need to increase the membership of the Sub-Committee from 3 to 4 Members in order to ensure that the required quorum was in attendance at future meetings.

Alternative Options Considered: None.

DECISION: The Cabinet agreed

1.         that the Local Development Framework Cabinet Sub Committee be re-named the Local Plan Cabinet Sub-Committee;

2.         to approve the revised terms of reference for the Local Plan Cabinet Sub-Committee as set out in section 4 of the report;

3.         to extend the membership of the Local Plan Cabinet Sub-Committee to four voting members. The fourth member of the Sub-Committee to be nominated by Councillor Doug Taylor on behalf of Cabinet.

Reason: Changes to the name of the Sub-Committee and its terms of reference were necessary to ensure that decisions were made in accordance with the Government legislation and the Council’s Constitution. The terms of reference seek to secure the optimum balance between accountability, efficiency and speed in preparing local planning documents and the Community Infrastructure Levy charging schedule, and responding to neighbourhood planning.

(Non key)

A report from the Director of Finance, Resources and Customer Services is attached. This considers the various options open to the Council for the future management of the building. (Key decision – reference number 3572)

(Report No.102)

(8.35 – 8.40 pm)

Councillor Doug Taylor (Leader of the Council) introduced the report of the Director of Finance, Resources and Customer Services (No.102) considering the various options open to the Council for the future management of the building.

NOTED

1.         the five options which had been considered as set out in full in the report. Members considered the options and the indicative costs detailed in paragraph 4.6 of the report. Members noted that Option C was being recommended for approval:

2.         the views of Members’ were sought and a discussion took place on the preferred way forward. It was noted that option C provided up to 25 years additional life to the building coupled with the second lowest capital outlay. The work would be made up of various elements and the approach to each element would be considered to ensure best economical value. Members were pleased to note that an improvement to current energy efficiency levels would be considered as part of the proposed works. Members considered whether it was necessary to take a decision at this stage or whether it should be deferred in view of the current financial situation. Following discussion Members supported the need to move forward with the works in view of the current deterioration of the building;

3.         that the final sentence in paragraph 4.2 of the report referred to “the recent unplanned closure of the 10^th floor”. The tenth floor had been affected by intermittent leaks from the plant room above and there had been a risk to occupants. The floor had to be evacuated as a matter of urgency and was currently vacant. A Portfolio Decision report to authorise essential works to enable occupation of the tenth floor had been prepared. The decision is included on the Key Decision List and Cabinet noted that this report was currently under consideration by Councillor Stafford and Councillor Bond;

4.         that the works would be undertaken as part of a phased programme in a planned and effective way.

Alternative Options Considered: NOTED that the five main options considered for the future of the Civic Centre were set out in section 4 of the report. No other options had been considered as part of this work, as the five options covered all strategic choices that the Council faced. A change in tenure of the Civic Centre via a sale and leaseback arrangement had been examined. However, this had not been considered to be an option that in itself would address the maintenance need.

DECISION: The Cabinet

1.         noted that the Civic Centre required significant planned maintenance to ensure that its working life could be extended;

2.         agreed that to ensure the building was safe and efficient to operate over the longer term, a phased refurbishment was necessary. This had an estimated cost of £15.5m spread over a 10 year implementation period. This was option C in the options appraisal set out in the report;

3.         agreed to commission detailed feasibility, project management and planning work to enable the recommended  ...  view the full minutes text for item 9.

A report from the Director of Health, Housing and Adult Social Care is attached. This considers proposals for the extension of Home Based Support Service contracts. (Report No.104, agenda part 2 also refers) (Key decision – reference number 3556)

(Report No.103)

(8.40 – 8.45 pm)

Councillor Ahmet Oykener (Cabinet Member for Housing) left the meeting for this item (Minute No.2 above refers).

Councillor Don McGowan (Cabinet Member for Adult Services, Care and Health) introduced the report of the Director of Health, Housing and Adult Social Care (No.103) considering a proposal for the extension of Home Based Support Service contracts.

NOTED

1.         that Minute No.20 also referred, as detailed below;

2.         that the contracts were based on a 3-year period with an option to extend for a further two years. The current contracts were due to expire in June 2013 and this report sought approval to take up the contractual option to extend the current contracts for two years;

3.         that with the expansion of Individualised Budgets and Direct Payment, the level of work with the contracted providers was likely to significantly decline;

4.         that the financial implications were detailed in the part 2 report (Report No.104, Minute No.20 below refers). 

Alternative Options Considered: To allow the contracts to expire in June 2013 and revert to spot purchasing arrangements. This would result in increased process and transaction costs to manage and monitor multiple providers; higher unit cost to the Council; an un-stabilised market rate, diminished control on service quality and the inability to guarantee sufficient supply.

DECISION: The Cabinet

1.         noted the contents of the report and the need to review over the next two years Home Based Support Services in light of the agenda around self directed care;

2.         agreed to consider, review and approve exercising the current contract clause option to extend the contract for a further two years. Cabinet agreed to delegate the final decision to the Cabinet Member for Adult Services, Care and Health and the Director of Health, Housing and Adult Social Care (Minute No.20, decision 2 below also refers).

Reason: The extension of the current contract would: enable the Council to ensure that appropriate contractual and monitoring arrangements were in place whilst services were reviewed in the context of the Personalisation Agenda; stabilise market rates and give greater control on service quality; ensure continuity of care and where possible care staff for vulnerable service users already receiving a service; help stabilise the homecare market by limiting staff migration from one agency to another; provide a robust platform to continue the promotion of self directed support; and, permit the Council to focus resources on other major re-tendering and procurement projects to deliver savings and efficiencies.

(Key decision – reference number 3556)

No items have been received for consideration at this meeting.

NOTED that no items had been received for consideration at this meeting.

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

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

Members are asked to consider any forthcoming key decisions for inclusion on the Council’s Notice of Key Decision List.

Note: the next Notice of Key Decision List is due to be published on 30 November 2012 and will be effective from 1 January 2013.

NOTED that the next Notice of Key Decision List was due to be published on 30 November 2012, this would be effective from 1 January 2013.

To confirm the minutes of the meeting of the Cabinet held on 5 November 2012.

(To Follow)

AGREED that the minutes of the previous meeting of the Cabinet held on 5 November 2012 be confirmed and signed by the Chairman as a correct record.

To receive, for information, the minutes of a meeting of the Policy Cabinet Sub-Committee held on 26 September 2012.

NOTED the minutes of a meeting of the Policy Cabinet Sub-Committee held on 26 September 2012.

To receive, for information, the minutes of a meeting of the Enfield Residents’ Priority Fund Cabinet Sub-Committee held on 15 October 2012.

NOTED the minutes of a meeting of the Enfield Residents’ Priority Fund Cabinet Sub-Committee held on 15 October 2012.

There are no written updates to be presented to this meeting.

NOTED that there were no written updates to be presented to this meeting. Councillor Del Goddard reported that a meeting of the Steering Group had recently taken place. A written update was due to be presented to the next Cabinet meeting on the outcome of the recent Away-Day.

To note that the next meeting of the Cabinet is scheduled to take place on Wednesday 5 December 2012 at 8.15pm.

NOTED that the next meeting of the Cabinet was scheduled to take place on Wednesday 5 December 2012 at 8.15pm.

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 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 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 confidential information as defined in 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 Health, Housing and Adult Social Care is attached. This should be read in conjunction with Report No.103, agenda part one refers.

(Report No.104)

(8.55 – 9.00pm)

(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 3556)

Councillor Ahmet Oykener (Cabinet Member for Housing) left the meeting for the discussion of this item (Minute No.2 above refers).

Councillor Don McGowan (Cabinet Member for Adult Services, Care and Health) introduced the report of the Director of Health, Housing and Adult Social Care (No.104).

NOTED

1.         that Minute No.10 above also referred;

2.         the outcome of current discussions with the four providers and the detail of the current four contracts as set out in the report. The impact on the contracts should only three providers receive a contract extension for a further two years was discussed and noted;

3.         the likely impact of the expansion of individualised budgets and direct payments and the anticipated financial savings;

4.         Members discussed the current contracts and the proposed way forward. Ray James (Director of Health, Housing and Adult Social Care) responded to questions raised. The financial pressures on the Council were acknowledged;

5.         a discussion took place on the principles of paying the London Living Wage in the current financial climate. Cabinet took this opportunity to reaffirm its aspirations, in the longer term, to the principle of all suppliers of goods and services being encouraged to pay the London Living Wage where possible. The importance of effective monitoring and joined-up working was highlighted.

Alternative Options Considered: As detailed in Minute No.10 above.

DECISION: The Cabinet

1.         noted the contents of the report;

2.         considered, reviewed and approved exercising the current contract clause option to extend the contract for a further two years for either three or four of the four providers dependant on the outcome of satisfactory discussions as set out in paragraph 3.15 of the report. Cabinet agreed to delegate the final decision to the Cabinet Member for Adult Services, Care and Health and the Director of Health, Housing and Adult Social Care. 

Reason: As detailed in Minute No.10 above.

(Key decision – reference number 3556)