Agenda and minutes

Cabinet - Wednesday, 24th April, 2013 8.15 pm

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

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

Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

An apology for absence was received from Councillor Doug Taylor (Leader of the Council). In his absence, Councillor Achilleas Georgiou (Deputy Leader) chaired the Cabinet meeting.

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:

There were no declarations of interest.

3.

URGENT ITEMS

The Chairman 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 the following reports:

 

Report Nos. 207 and 210 – Garfield School Re-provision of a 3FE school

Report Nos. 217 and 219 – Ponders End: Delivery Arrangements

Report No. 218 – Ponders End: Proposed Planning Compulsory Purchase Order

 

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

 

AGREED that the reports be considered at this Cabinet meeting.

4.

DEPUTATIONS AND PETITIONS

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

Minutes:

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

5.

ITEMS TO BE REFERRED TO THE COUNCIL

To confirm that the following items be referred to full Council:

 

1.         Report No.203 – Amendments to the Policy for Footway Crossovers and Proposals for the Management of Associated Illegal Activity

 

2.         Report Nos. 207 and 210 – Garfield School Re-provision of a 3FE School

Minutes:

AGREED that the following items be referred to full Council:

 

1.         Report No.203 – Amendments to the Policy for Footway Crossovers and Proposals for the Management of Associated Illegal Activity

 

2.         Report Nos. 207 and 210 – Garfield School Re-provision of a 3FE School

6.

February 2013 Revenue Monitoring Report pdf icon PDF 264 KB

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 February 2013. (Key decision – reference number 3607)

(Report No.202)

(8.20 – 8.25 pm)

Minutes:

Councillor Andrew Stafford (Cabinet Member for Finance and Property) introduced the report of the Director of Finance, Resources and Customer Services (No.202) setting out the Council’s revenue budget monitoring position based on information to the end of February 2013.

 

NOTED

 

1.         the £837k underspend revenue outturn projection as detailed in the report;

           

2.         the financial performance overview and the net controllable budget as detailed in tables 1 and 2 of the report. Members noted that whilst the budget was neutral overall there were 31 areas of over and underspends within the budget, the reasons for which were set out in the report. Cabinet Members were asked to review their own budget areas with officers in preparation for the next year’s budget;

 

3.         the other general fund items as set out in section 6 of the report including treasury management, corporate items, Enfield Residents’ Priority Fund and Housing Revenue Account all of which were on track;

 

4.         the current position with regard to Section 106 monies. Members were advised that a report had been received by the Planning Committee providing a complete summary update on Section 106 monies; this could be made available to Cabinet Members on request;

 

5.         Councillor Charalambous drew Members’ attention to the pressures on the Looked After Children (LAC) budget and the Youth Justice Secure Remand pressures as set out in section 5.6 of the report.

 

Alternative Options Considered: Not applicable to this report.

 

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 3607)

7.

Amendments to the Policy for Footway Crossovers and Proposals for the Management of Associated Illegal Activity pdf icon PDF 219 KB

A report from the Director – Environment is attached. This proposes amendments to the technical standards for footway crossover applications and seeks approval for adopting a policy for the management of illegal activity. (Key decision – reference number 3664)

(Report No.203)

(8.25 – 8.30 pm)

Additional documents:

Minutes:

Councillor Chris Bond (Cabinet Member for Environment) introduced the report of the Director – Environment (No.203) proposing amendments to the current policy and to the management of illegal activity.

 

NOTED the proposed amendments to the technical standards and, the proposed pro-active policy approach to tackle illegal activity as detailed in the report.

 

Alternative Options Considered: Other London Boroughs had been consulted and all had varying versions of technical requirements based on the Highways Act. Several boroughs install bollards to prevent illegal crossings but none positively enforce against vehicles that overhang the public highway.

 

DECISION: The Cabinet agreed

 

1.         the proposed amendments to the technical standards for footway crossovers;

 

2.         the proposed policy for the management of vehicles crossing footways and verges without a properly constructed footway crossover;

 

3.         the proposed policy for enforcement action where residents allow their vehicles to project from their forecourts and overhang the public footway.

 

RECOMMENDED TO COUNCIL to agree that the appointed day for implementation of the adopted section 16 of the London Local Authorities and Transport for London Act 2003 be 1 November 2013 (paragraph 3.4.5 of the report refers).

 

Reason: The adoption of updated technical standards based on officers’ experiential learning would clarify and improve the existing arrangements for managing footway crossovers. The adoption of a formal policy for the enforcement of illegal activity would provide a balanced approach between crossover applications and cases of non-compliance. Specialist advice from Counsel had been taken into account in the development of the proposed policy.

(Key decision – reference number 3664)

8.

EMPTY PROPERTY COMPULSORY PURCHASE ORDER (CPO VIII) pdf icon PDF 616 KB

A report from the Director of Health, Housing and Adult Social Care is attached. This invites Cabinet to authorise officers to make a compulsory purchase order on an empty residential property. (Key decision – reference number 3671)

(Report No.204)

(8.30 – 8.35 pm)

Minutes:

Councillor Ahmet Oykener (Cabinet Member for Housing) introduced the report of the Director of Health, Housing and Adult Social Care (No.204) inviting Cabinet to authorise Officers to make a Compulsory Purchase Order (CPO) on 2 The Approach, Enfield, EN1 3PY, an empty residential property whose owners had proved unresponsive to attempts by Officers to bring it back into residential use.

 

NOTED

 

1.         the acute housing shortage and the Council’s policy to bring empty properties back into use wherever possible. The negative impact of such neglected properties on the local area was highlighted;

 

2.         that the making of a Compulsory Purchase Order (CPO) was only enforced when all other attempts by Officers to bring the property back into residential use had been exhausted. The financial implications of a CPO on an empty property were noted, as set out in the report.

 

Alternative Options Considered: All attempts to negotiate with, and assist the owners of this property to return it back into use had been exhausted. An assessment of the most appropriate course of enforcement action had therefore been carried out. All options had been considered, namely, service of legal notices, enforced sale, EDMOs and compulsory acquisition. The latter was deemed the most appropriate under the circumstances and would achieve a permanent solution. The other option the Council might pursue was to do nothing, as outlined in section 4.2 of the report.

 

DECISION: The Cabinet agreed to

 

1.         authorise the making of a Compulsory Purchase Order (Order) in respect of 2 The Approach, Enfield, EN1 3PY, under Section 17 of the Housing Act 1985 and the Acquisition of Land Act 1981 (as amended by the Planning and Compulsory Purchase Act 2004) as shown on the plan attached as appendix 1 to the report;

 

2.         authorise the preparation of an Order, and supporting documentation and the taking of all necessary steps (including the conduct of a Public Inquiry if necessary) to obtain confirmation of the Order by the Secretary of State;

 

3.         authorise the acquisition of the property (either compulsorily or by agreement) following confirmation of the Order, the payment of compensation and statutory interest and the instituting or defending of proceedings where necessary; and

 

4.         authorise the disposal of the property in accordance with the Property Procedure Rules;

 

5.         note that the Council was liable to make basic loss payments to former owners, subject to certain criteria. These would be met from central contingencies when required, as approved by the budget report to Cabinet on 13 February 2013.

 

Reason: The compulsory purchase of this property, and its subsequent onward sale, would produce a quantitative and qualitative gain to the borough’s housing stock, would assist in the achievement of the Council’s housing strategies and would turn an existing eyesore into a much needed home. They would address the Council’s strategic supply, regeneration and sustainability objectives, together with the Government and Mayor of London’s expectations detailed in the report.

(Key decision – reference number 3671)

9.

Contract Award for Undertaking a Programme of Energy Conservation Works to Corporate Buildings and Schools pdf icon PDF 144 KB

A report from the Director – Environment is attached. This sets out proposals to undertake a programme of energy conservation works to corporate buildings and schools by utilising the provisions of the Mayor of London’s REFIT programme. (Report No.208, agenda part two refers) (Key decision – reference number 3670)

(Report No.205)

(8.35 -8.40 pm)

Additional documents:

Minutes:

Councillor Chris Bond (Cabinet Member for Environment) introduced the report of the Director – Environment (No.205) concerning proposals to undertake a programme of energy conservation works to corporate buildings and schools by utilising the provisions of the Mayor of London’s REFIT programme.

 

NOTED

 

1.         that Report No.208 also referred, as detailed in Minute No.29 below;

 

2.         that the Council had followed a competitive tendering exercise utilising the GLA REFIT Framework Contract;

 

3.         the total cost of works and the proposed increase in capital funding as set out in decision 3 below.

 

Alternative Options Considered: To use the Council’s existing repairs and maintenance programme to deliver energy savings. Work was underway to consider integration of Enfield’s REFIT project delivery within Architectural Services. To do nothing and to accept the cost of energy would rise and that the energy efficiency of buildings would deteriorate.

 

DECISION: The Cabinet agreed to

 

1.         approve the letting of works contracts with Johnson Controls as detailed in the part 2 report (Minute No.29 below refers) in order to undertake a programme of energy conservation measures to corporate buildings and schools as detailed in appendix one of the report;

 

2.         note that a contract would not be let for works to a school until that school had agreed to the works and the payback provisions to refund the costs;

 

3.         note that the total cost of works in the IGP was within the tender estimates based on desktop study. Professional fees and project management costs were now estimated to be £79k for this project. Cabinet was asked to approve an increase of capital funding of £68k in the capital programme to accommodate these costs, in the event that no alternative funding sources (for example, Salix) were available;

 

4.         note that this was a strategic sustainability project identified in the Enfield 2020 Action Plan.

 

Reason: The letting of works contracts to Johnson Controls through the GLA framework for this first phase of the REFIT programme delivers a number of opportunities as set out in section 6 of the report.

(Key decision – reference number 3670)

10.

Contract for Residential Care Services for People with Dementia at Parkview House pdf icon PDF 141 KB

A report from the Director of Health, Housing and Adult Social Care is attached. This reports on the outcome of the recent tender exercise. (Report No.209, agenda part two also refers) (Key decision – reference number 3558)

(Report No.206)

(8.40 – 8.45 pm)

Minutes:

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.206) reporting on the outcome of the recent tender exercise for the management of Parkview House and Honeysuckle House care homes.

 

NOTED, that Report No.209 also referred, as detailed in Minute No.30 below.

 

Alternative Options Considered: In the light of the recent tender process it was necessary to secure an immediate provider to continue to manage the service. The need for interim contract arrangements for the management of Parkview House was essential to safeguard the vulnerable resident group. To facilitate development of best value longer term, an options appraisal would be undertaken once the existing management of the care home was resolved. This would involve an engagement exercise with care home providers to explore current and future market direction and the range of means available to meet service users’ developing needs.

 

DECISION: The Cabinet noted the closure of the previous procurement process and considered the contractual options as detailed in Report No.209, Minute No.30 below referred.

 

Reason: In the context of the tender process not identifying a new provider and considering Richmond Fellowship’s forthcoming departure from Parkview House: the recommendations offer the most effective and practical means of ensuring continuity of care for service users.

(Key decision – reference number 3558)

11.

Garfield School Re-provision of a 3FE School pdf icon PDF 241 KB

A report from the Director of Schools and Children’s Services and Director of Finance, Resources and Customer Services will be circulated as soon as possible. This details proposals for the re-provision of Garfield Primary School. (Report No.210, agenda part two also refers) (Key decision – reference number 3698)

(Report No.207)

(8.45 – 8.50 pm)

TO FOLLOW

Additional documents:

Minutes:

Councillor Ayfer Orhan (Cabinet Member for Children and Young People) introduced the report of the Director of Schools and Children’s Services and Director of Finance, Resources and Customer Services (No.207) detailing proposals for the re-provision of Garfield Primary School rather than the originally proposed expansion.

 

NOTED

 

1.         that Report No.210 also referred, as detailed in Minute No.31 below;

 

2.         that this was a good opportunity to re-develop the school and enhance the teaching environment for all pupils in the school. The challenges faced by the school in its current buildings were recognised. The proposed redevelopment would enable the school to become a focal point for the local community and would enhance the planned Ladderswood estate regeneration;

 

3.         that the adoption of the scheme within the Council’s capital programme would need to be agreed by full Council. It was noted that the capital programme was on budget and Members endorsed this scheme as part of the primary expansion programme.

 

Alternative Options Considered: To provide the necessary additional school places via the addition of new classrooms whilst retaining the current school buildings.

 

DECISION: The Cabinet agreed

 

1.         to the re-provision of the school rather than the expansion of the site;

 

2.         to approve funding for developing and submission of a new planning application to Planning Committee;

 

3.         approval to seek, at an appropriate time, the approval of the Secretary of State to the disposal of Education land to delegate the detail of the extent of the land to be disposed of to the Cabinet Members for Children and Young People and Finance and Property: and Directors of Schools and Children’s Services and Finance, Resources and Customer Services;

 

4.         to approve the funding of the re-provision of the school as detailed in the part 2 report (Report No.210, agenda part two, Minute No.31 refers);

 

5.         to approve the tendering of the building works and disposal of any surplus land on the open market and delegate to the Cabinet Members for Children and Young People and Finance and Property; and Directors of Schools and Children’s Services and Finance, Resources and Customer Services.

 

RECOMMENDED TO COUNCIL to adopt the project in the Council’s capital programme.

 

Reason: The Council had an overriding statutory duty to provide sufficient pupil places to meet anticipated demand. The redevelopment of the school would provide cost effective strategy to deliver the additional places required in the area, section 5 of the report referred).

(Key decision – reference number 3698)

12.

Ponders End: Delivery Arrangements pdf icon PDF 271 KB

A report from the Director of Regeneration, Leisure and Culture will be circulated as soon as possible. (Report No.219, agenda part two also refers) (Key decision – reference number 3682)

(Report No.217)

(8.50 – 8.55pm)

TO FOLLOW

Minutes:

Councillor Del Goddard (Cabinet Member for Business and Regeneration) introduced the report of the Director of Regeneration, Leisure and Culture (No.217) taking forward the Ponders End High Street Regeneration Scheme.

 

NOTED, that Report No.219 also referred as detailed in Minute No.32 below.

 

Alternative Options Considered: NOTED the alternative options which had been considered as set out in full in section 4 of the report, including consideration of a full OJEU tender process and consideration of using the SCAPE Framework Agreement.

 

DECISION: The Cabinet agreed that the progress in delivering the comprehensive approach to the redevelopment of Ponders End High Street (the Electric Quarter), be noted.

 

Reason: To support delivery arrangements of the Ponders End High Street Regeneration Scheme as set out in section 5 of the report.

(Key decision – reference number 3682)

13.

PONDERS END: PROPOSED PLANNING COMPULSORY PURCHASE ORDER pdf icon PDF 235 KB

A report from the Director of Regeneration, Leisure and Culture and Director of Finance, Resources and Customer Services will be circulated as soon as possible. (Report No.220, agenda part two also refers) (Key decision – reference number 3682)

(Report No.218)

(8.55 – 9.00pm)

TO FOLLOW

Additional documents:

Minutes:

Councillor Del Goddard (Cabinet Member for Regeneration, Leisure and Culture) introduced the report of the Director of Regeneration, Leisure and Culture (No.218) taking forward the Ponders End High Street Regeneration Scheme, known as the Electric Quarter.

 

NOTED, that legal advice had been received on the proposals as set out in the report.

 

Alternative Options Considered: NOTED that alternative options which had been considered as detailed in section 4 of the report.

 

DECISION: The Cabinet agreed to

 

1.         approve the making of a Compulsory Purchase Order under section 226(1) (a) of the Town and Country Planning Act 1990 (“the 1990 Act”) (as amended by the Planning and Compulsory Purchase Act 2004) and Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 for the acquisition of land and new rights within the area described in the report and shown on the plan at Annex A to the report. The Council being of the view that the proposed acquisition of the Order Land would:

 

(a)       facilitate the carrying out of the development/redevelopment or improvement on or in relation to the Order Land: and

 

(b)       would contribute to the promotion or improvement of the economic, social and environmental well-being of the Borough.

 

2.         delegate authority to the  Director of Regeneration, Leisure and Culture, acting in consultation with the Director of Finance, Resources and Customer Services, on the basis that there was a compelling case in the public interest to make the Order to:

 

(a)       take all necessary steps to secure the making, confirmation and implementation of the Planning Compulsory Purchase Order (PCPO) (including the conduct of a Public Inquiry if necessary) to obtain confirmation of the PCPO by the Secretary of State.

 

(b)       acquire all necessary interests in land within the area subject to the PCPO either by agreement or compulsorily, (supported by Urban Vision Partnership Limited and Jones Lang LaSalle Limited, as necessary and appropriate).

 

( c)       complete agreements with landowners and others having an interest in the area to be the subject of the PCPO including where appropriate seeking agreements affecting the delivery of any part of the development and making arrangements for the relocation of occupiers.

 

(d)       following confirmation of the PCPO to pay compensation and statutory interest entitlement to former landowners.

 

(e)       Institute and defend any proceedings (as appropriate) which might be necessary as a consequence of the Council’s exercise of its PCPO powers.

 

3.         that the Order be named:

 

“London Borough of Enfield (Ponders End Electric Quarter) Compulsory Purchase Order 2013”.

 

Reason: The use of Compulsory Purchase powers was a vital tool in delivering large, mixed use regeneration schemes. It was considered that it was appropriate to progress the making of a Compulsory Purchase Order to support the delivery process.

(Key decision – reference number 3682)

14.

CABINET SUB-COMMITTEES - MUNICIPAL YEAR 2013/2014

Members are asked to agree, in the light of the potential need for Cabinet Sub-Committees to meet before the May Cabinet meeting, that Councillor Doug Taylor (Leader of the Council) be given delegated authority to agree any required changes to the membership or composition of the existing Cabinet Sub-Committees. Any such changes to be ratified by the Cabinet at the next appropriate meeting.

 

Subject to any changes agreed as above, the existing membership of the Cabinet Sub-Committees would continue unchanged for the new municipal year.

Minutes:

AGREED in the light of the potential need for Cabinet Sub-Committees to meet before the May Cabinet meeting, that Councillor Doug Taylor (Leader of the Council) be given delegated authority to agree any required changes to the membership or composition of the existing Cabinet Sub-Committees. Any such changes would be ratified by the Cabinet at the next appropriate meeting.

 

Subject to any changes agreed as above, the existing membership of the Cabinet Sub-Committees would continue unchanged for the new municipal year.

15.

ISSUES ARISING FROM THE OVERVIEW AND SCRUTINY PANEL/SCRUTINY PANELS

No items have been received for consideration at this meeting.

Minutes:

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

16.

CABINET AGENDA PLANNING - FUTURE ITEMS pdf icon PDF 128 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.

17.

NOTICE OF KEY DECISION LIST

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 April 2013, this will be effective from 1 June 2013.

Minutes:

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

18.

MINUTES pdf icon PDF 210 KB

To confirm the minutes of the previous meeting of the Cabinet held on 20 March 2013.

Minutes:

AGREED that the minutes of the previous meeting of the Cabinet held on 20 March 2013 be confirmed and signed by the Chairman as a correct record.

19.

MINUTES OF ENFIELD RESIDENTS' PRIORITY FUND CABINET SUB-COMMITTEE - 19 FEBRUARY 2013 pdf icon PDF 210 KB

To receive, for information, the minutes of a meeting of the Enfield Residents’ Priority Fund Cabinet Sub-Committee held on 19 February 2013.

Minutes:

NOTED the minutes of a meeting of the Enfield Residents’ Priority Fund Cabinet Sub-Committee held on 19 February 2013.

20.

MINUTES OF POLICY CABINET SUB-COMMITTEE - 6 MARCH 2013 pdf icon PDF 156 KB

To receive, for information, the minutes of a meeting of the Policy Cabinet Sub-Committee held on 6 March 2013.

Minutes:

NOTED the minutes of a meeting of the Policy Cabinet Sub-Committee held on 6 March 2013.

21.

MINUTES OF ENFIELD COMMUNITY CAPACITY BUILDING FUND CABINET SUB-COMMITTEE - 7 MARCH 2013 pdf icon PDF 105 KB

To receive, for information, the minutes of a meeting of the Enfield Community Capacity Building Fund Cabinet Sub-Committee held on 7 March 2013.

Minutes:

NOTED the minutes of a meeting of the Enfield Community Capacity Building Fund Cabinet Sub-Committee held on 7 March 2013.

22.

MINUTES OF LOCAL PLAN CABINET SUB-COMMITTEE - 18 MARCH 2013 pdf icon PDF 188 KB

To receive, for information the minutes of a meeting of the Local Plan Cabinet Sub-Committee held on 18 March 2013.

Minutes:

NOTED the minutes of the meeting of the Local Plan Cabinet Sub-Committee held on 18 March 2013.

23.

MINUTES OF ENFIELD RESIDENTS PRIORITY FUND CABINET SUB-COMMITTEE - 19 MARCH 2013 pdf icon PDF 202 KB

To receive, for information, the minutes of a meeting of the Enfield Residents Priority Fund Cabinet Sub-Committee held on 19 March 2013.

Minutes:

NOTED the minutes of a meeting of the Enfield Residents’ Priority Fund Cabinet Sub-Committee held on 19 March 2013.

24.

MINUTES OF LBE/EREC - 12 FEBRUARY 2013 pdf icon PDF 117 KB

To receive, for information, the minutes of a meeting of LBE/EREC held on 12 February 2013.

Minutes:

NOTED the minutes of a meeting of LBE/EREC held on 12 February 2013.

25.

EQUALITY FRAMEWORK FOR LOCAL GOVERNMENT pdf icon PDF 82 KB

This information paper is an update to Cabinet on the result of the Council's recent assessment against the excellent level of the Equality Framework for Local Government.

 (9.15 – 9.20 pm)

Minutes:

Councillor Achilleas Georgiou (Deputy Leader of the Council) introduced an information paper updating Cabinet on the result of the Council’s recent assessment against the excellent level of the Equality Framework for Local Government.

 

Councillor Christine Hamilton (Cabinet Member for Community Wellbeing and Public Health) praised the achievement of the Council in being accredited at the excellent level. This was a substantial achievement and supported the Council’s strategic aim of “Fairness for All”.

 

Councillor Hamilton, on behalf of Cabinet, expressed thanks and appreciation to the Members and Officers who had been involved and extended congratulations.

26.

ENFIELD STRATEGIC PARTNERSHIP FEEDBACK

To note that there are no written updates.

Minutes:

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

27.

DATE OF NEXT MEETING

To note that this is the last Cabinet meeting in the current municipal year.

 

The provisional date for the next meeting of the Cabinet is Wednesday 22 May 2013 at 8.15pm (this is subject to the agreement of the Council’s calendar of meetings 2013/14 at the Annual Council meeting).

Minutes:

NOTED

 

1.         that this was the last Cabinet meeting in the current municipal year;

 

2.         that the provisional date for the next meeting of the Cabinet was Wednesday 22 May 2013 at 8.15pm (this was subject to the agreement of the Council’s calendar of meetings 2013/14 at the Annual Council meeting).

28.

EXCLUSION OF THE PRESS AND PUBLIC

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 excluding the press and public from the meeting for any 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 100A(4) of the Local Government Act 1972 to exclude the press and public from the meeting for the items of business moved to part 2 of the agenda on the grounds that they involve the likely disclosure of confidential 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).

29.

CONTRACT AWARD FOR UNDERTAKING A PROGRAMME OF ENERGY CONSERVATION WORKS TO CORPORATE BUILDINGS AND SCHOOLS

A report from the Director – Environment is attached. This should be read in conjunction with Report No.205, agenda part one refers. (Key decision – reference number 3670)

(Report No.208)

(9.25 – 9.30 pm)

Minutes:

Councillor Chris Bond (Cabinet Member for Environment) introduced the report of the Director – Environment (No.208) detailing the contracts proposed to be let to Johnson Controls following a procurement process undertaken under the Mayor for London’s REFIT Programme Framework Agreement.

 

NOTED, that Report No.205 also referred, as detailed in Minute No.9 above.

 

Alternative Options Considered: As detailed in Report No.205, Minute No.9 above refers.

 

DECISION: The Cabinet agreed to

 

1.         approve the letting of the Works Contracts to Johnson Controls to undertake a programme of energy conservation measures in a sum not to exceed that stated in recommendation 2.1 of the report;

 

2.         note that the above sum might reduce and the scope of works amended accordingly if any school decided not to agree to the works programmed for their school being undertaken or that the decision was made not to progress the replacement of the chillers to the Civic Centre under this programme;

 

3.         to delegate to the Director - Environment authority to approve the letting of the Works contract relating to the replacement of the chillers to the Civic Centre;

 

4.         note that the overall total cost of works in the IGP was within the tender estimates based on desktop study. Professional fees and project management costs were now estimated to be £79k for this project. Cabinet agreed to approve an increase of capital funding of £68k in the capital programme to accommodate these costs, in the event that no alternative funding sources (for example, Salix) were available.

 

Reason: As detailed in Report No.205, Minute No.9 above refers.

(Key decision – reference number 3670)

 

30.

CONTRACT FOR RESIDENTIAL CARE SERVICES FOR PEOPLE WITH DEMENTIA AT PARKVIEW HOUSE

A report from the Director of Health, Housing and Adult Social Care is attached. This should be read in conjunction with Report No.206, agenda part one refers. (Key decision – reference number 3558)

(Report No.209)

(9.30 – 9.35 pm)

Minutes:

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.209) concerning the contract for residential care services for people with dementia at Parkview House.

 

NOTED

 

1.         that Report No.206 also referred as detailed in Minute No.10 above;

 

2.         the background to and results of the tendering process which had been undertaken to date. Members were advised of the current position and the proposed way forward of entering into direct negotiations with the service provider detailed in the report and, to the development of contingency arrangements;

 

3.         the need to ensure continuity of care for the service users, and the timescales within which a decision needed to be made.

 

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

 

DECISION: The Cabinet agreed that

 

1.         officers enter into direct negotiation with the provider detailed in recommendation 2.1 of the report, to agree terms for a care agreement of three years duration (including options for extension) while longer term options were evaluated;

 

2.         officers develop contingency measures including other experienced providers such as the provider detailed in recommendation 2.2 of the report, who might be willing to assist should negotiations with the first provider, referred to in 1 above, not deliver viable contractual terms.

 

3.         subsequent to the decisions in 1 and 2 above, the decision to award the care agreement be delegated to the Cabinet Member for Adult Services, Care and Health, in consultation with the Cabinet Member for Finance and Property.

 

4.         the increased cost of the service provided by the provider detailed in recommendation 2.4 of the report, be not passed on to the existing service users currently paying full cost for their care. New rates to full cost service users to take effect at the commencement date of the interim agreement identified in recommendation 2.1 of the part one report (Report No.206, Minute No.10 above refers).

 

Reason: NOTED the reasons for the recommendations as detailed in section 5 of the report.

(Key decision – reference number 3558)

31.

GARFIELD SCHOOL RE-PROVISION OF A 3FE SCHOOL

A report from the Director of Schools and Children’s Services and Director of Finance, Resources and Customer Services will be circulated as soon as possible. This should be read in conjunction with Report No.207, agenda part one refers. (Key decision – reference number 3698)

(Report No.210)

(9.35 – 9.40 pm)

TO FOLLOW

Minutes:

Councillor Ayfer Orhan (Cabinet Member for Children and Young People) introduced the report of the Director of Schools and Children’s Services and Director of Finance, Resources and Customer Services (No.210).

 

NOTED

 

1.         that Report No.207 also referred, as detailed in Minute No.11 above.

 

2.         the detailed financial, legal and property implications as set out in the report.

 

Alternative Options Considered: As detailed in Report No.207, Minute No.11 above refers.

 

Reason: As detailed in Report No.207, Minute No.11 above refers.

(Key decision – reference number 3698)

32.

PONDERS END: DELIVERY ARRANGEMENTS

A report from the Director of Regeneration, Leisure and Culture will be circulated as soon as possible. (Report No.217, agenda part one also refers) (Key decision – reference number 3682)

(Report No.219)

(9.40 – 9.45 pm)

TO FOLLOW

Minutes:

Councillor Del Goddard (Cabinet Member for Business and Regeneration) introduced the report of the Director of Regeneration, Leisure and Culture (No.219).

 

NOTED that

 

1.         Report No.217 also referred as detailed in Minute No.12 above;

 

2.         the report set out the procurement process;

 

3.         the wording of recommendation 2.1 of the report had been amended with the addition of the words “be noted” at the end of the sentence, as reflected in decision 1 below.

 

Alternative Options Considered: As detailed in Report No.217, Minute No.12 above refers.

 

DECISION: The Cabinet agreed

 

1.         the results of the procurement for a Delivery Partner and the reasons for the recommendation of the company detailed in recommendation 2.1 of the report, as the Preferred Bidder for the redevelopment of Ponders End High Street (the Electric Quarter) be noted;

 

2.         that authority to enter into Agreement for Lease with the preferred bidder be delegated to the Director of Regeneration, Leisure and Culture acting in consultation with the Director of Finance, Resources and Customer Services;

 

3.         to delegate authority to the Director of Regeneration, Leisure and Culture and the Cabinet Member for Business and Regeneration, in consultation with the Director of Finance, Resources and Customer Services to grant a Lease following satisfaction of the Conditions of the Agreement for Lease for the delivery of the Electric Quarter.

 

Reason: Following a competitive mini-tender and detailed evaluation, the company identified in the report as the Preferred Bidder, was chosen as it had received the highest evaluation score, as set out in the report.

(Key decision – reference number 3682)

33.

PONDERS END: PROPOSED PLANNING COMPULSORY PURCHASE ORDER

A report from the Director of Regeneration, Leisure and Culture and Director of Finance, Resources and Customer Services will be circulated as soon as possible. (Report No.218, agenda part one also refers) (Key decision – reference number 3682)

(Report No.220)

(9.45 – 9.50pm)

TO FOLLOW

 

Minutes:

NOTED that there was no part 2 report. This matter had been dealt with by Report No.218 as detailed in Minute No.11 above.