Agenda and minutes

The Mayor’s Chaplain to give a blessing.

The Mayor’s Chaplain, the Reverend Eric Greer gave a blessing on the Council.

The Mayor made the following announcements:

1.         Enfield in Bloom's (EiB) aims are to improve our environment and enhance the local area in which we live. There are many schemes that EiB operate including; seasonal bulb planting, sponsored flower bed/ container planting, the schools programme, encouragement of sustainable drought tolerant planting within our parks and open spaces.

Enfield in Bloom annually enter the London in Bloom Competition and The London Garden Society Competition. This year Enfield in Bloom achieved a Silver Gilt for Best Borough, Gold for Best Town Centre and Silver for the Best Front Garden in the London in Bloom Competition.

In the London Garden Society competition we won the Solomans Cup overall, Gold for Best Garden with professional/paid help, Silver for Best Front Garden and Silver for the best medium sized garden.  London Garden Society Awards were held in the Egyptian room, Mansion House.

It gives me pleasure to welcome Graham Deal Chairman of Enfield in Bloom and Karen Gurrey. Our thanks to both of them for their hard work and dedication.  Would you like to come forward and receive the Solomans Cup.

2.         I am delighted to let you know that the Casino Night raised over £4,000 for my charity appeal. My thanks to those of you who came along and supported the evening. And a special thank you to Hurkans, Chartered Accountants for sponsoring the event.

3.         It is with great sadness that I remind members of the recent death of former Mayor and Honorary Freeman of the London Borough of Enfield Rita Smythe. 

In 1950 she was elected to the Edmonton Borough Council representing Angel Ward and held this seat until the amalgamation of the boroughs of Edmonton, Southgate and Enfield in 1965. 

She fought three Parliamentary elections in Middlesborough West in 1955, Billericay in 1959 and in 1964, failing on the last occasion by a small margin.

Rita represented the Edmonton wards of St Alphage followed by Jubilee and with her husband Eric clocked up between them 100 years of public service.

Rita was elected Mayor of Edmonton in 1961 and Mayor of Enfield in 1994.  During her working life Rita represented the Enfield Council on many outside bodies and always took an active part in the work of voluntary organisations.

Her many years of valued service to the Hospital Management Committee were reflected in her appointment for eight years to the Enfield and Haringey Area Health Authority and its successor body the Enfield District Health Authority.

In 1988 she was made an Honorary Freeman of the London Borough of Enfield in recognition of her long and valuable service to the borough and to the community.

She will be sadly missed by all those who knew her.  I will be attending her funeral on Friday 9^th November at the Enfield Crematorium at 1.30pm.  Flowers only from the family and donations to Enfield Age Concern.

4.         I would also like the express my condolences to the families of the 4 firemen of the  ...  view the full minutes text for item 66.

To approve, as a correct record, the minutes of the Council meeting held on 19 September 2007.

AGREED that the minutes of the Council meeting held on 19 September 2007 be confirmed and signed as a correct record.

Apologies for absence were received from Councillors Andrew, Charalambous and McGowan.  Apologies for lateness were received from Councillors Bond, Brown, Headley and Prescott.

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.

There were no declarions of interest.

To receive the issues paper prepared by the Labour Group.

The Constitution procedure rules relating to Opposition Business are attached for information.

Councillor Goddard introduced the issues paper prepared by the Labour Group, highlighting the need for proper overview of the process by which the Plan is developed and adopted.

He highlighted the need for genuine consultation and engagement with all sectors and sections of the Borough.  This would include other public sector agencies, the private sector, the third sector, local communities and individual residents of the Borough.

He felt that it was important that the Plan was debated as it evolves not only at the Cabinet but also in all the Scrutiny Panels. It was not acceptable in his view if the only Council forum for discussion was single party and not accessible to the public. 

The Labour Group were concerned that so far, matters had not progressed well and Councillor Goddard moved and Councillor Rodin seconded the following motion:

“This Council regrets the lack of progress in the production for effective plans for the development of Enfield and asks its Overview and Scrutiny Committee to investigate the position and report back to the Council in time for its meeting on 23 January 2008.”

Councillor Neville responded to the debate on behalf of the majority group and rejected the premise of the motion.  Councillor Goddard had been coopted onto the Cabinet Sub Committee dealing with this matter in a non-voting capacity and the Sub Committees decisions were published and subject to call-in. There had been extensive consultation with a variety of interested parties and this would continue throughout the process.  Councillor Neville confirmed that the delays referred to had been caused by delays from Government and the other agencies involved and changes in procedure.  The Governments’ own White Paper acknowledges the complexities and the need for change. There has never been any question of the Council achieving a new plan  before 2009/10.  He was surprised that the opposition had used Priority Business for this debate.

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

For: 25

Against: 31

Abstained: 0

To receive the report of the Chief Executive (No. 128) reviewing all polling districts and polling places in accordance with the requirements of the Representation of the People Act 1983.   The council is required to sub-divide its area into polling districts for the purposes of parliamentary elections and to designate polling places for each of those districts.  Council is asked to consider the detailed implications of the review, and to agree a set of recommendations for future electoral arrangements.

This matter was considered at the Electoral Review Panel meetings on 12 September and 23 October 2007.

Councillor Boast moved and Councillor Hurer seconded the report of the Chief Executive (No. 128) reviewing all polling districts and polling places in accordance with the requirements of the Representation of the People Act 1983.  

NOTED

1.         that the Council was required to sub-divide its area into polling districts for the purposes of parliamentary elections and to designate polling places for each of those districts. 

2.         that this matter was considered at the Electoral Review Panel meetings on 12 September and 23 October 2007.

3.         the thanks of the Council to Julie Carter and Peter Stanyon for their hard work on this matter.

Councillor Simon moved and Councillor Brown seconded the following amendment to the recommendation set out in the report:

Add at the end,  “subject to the following change:

That the Enfield Highway Library be substituted as a polling place for XHC for the St James CE School and consequential amendment be made to the boundary with XHB, as recommended by the Returning Officer.”

Following a lengthy debate the amendment was put to the vote with the following result:

For: 27

Against: 31

Abstained: 0

AGREED to approve the outcome of the review carried out by the Electoral Review Panel as summarised in the report for the future electoral arrangements in the Borough.

To receive the report of the Director of Health and Adult Social Care outlining the outcome of a consultation exercise, agreed by Cabinet on 18^th January 2007, on the future of Council owned residential care provision for older people.

The recommendations set out in the report were endorsed by the Cabinet on 10 October 2007.

A copy of the Scrutiny report on this matter is available in the members library, group offices and from the Democratic Services Team.

Councillor Barker moved and Councillor Rye seconded the report of the Director of Health and Adult Social Care outlining the outcome of a consultation exercise, agreed by Cabinet on 18^th January 2007, on the future of Council owned residential care provision for older people.

NOTED

1.         that the recommendations set out in the report were endorsed by the Cabinet on 10 October 2007.

2.         that during the debate, Councillor Pipe Chairman of the Adult Services Scrutiny Panel confirmed that the Panel would continue to keep this matter under review.

Councillor Taylor moved and Councillor G Savva seconded the following amendments to the recommendations set out in the report:

Add at the end of each point:

2.1       The Council provide directly, or under contract, all services that it is legally able to provide as part of this integrated service.  It will be a specific objective to maximise the quality and quantity of provision on the chosen site.

2.2       The development will ensure that there is no net loss of beds compared with the current total provision within the 4 homes.

2.3       A disputes resolution panel will be established of 4 councillors (2 majority/ 2 opposition) to consider any complaints from residents or families where a transfer is proposed. This will apply in all transfers from any of the existing homes. The panel will consider any objections to any proposed course of action of the Council officers and be empowered to decide to agree alternative options.

2.7       This decision will be subject to a review by the Adult Social Services scrutiny panel in co-operation with Age Concern.

Additional recommendations:

2.12    The Adult Social Services Scrutiny Panel be requested to continue through the established working group to monitor the progress against recommendations and have full access to relevant working papers.

2.13    In developing its strategy for the provision of care in Enfield it is explicitly understood that the Council will use its position to maximise its influence in influencing standards in the market and accepts that this cannot be achieved purely through commissioning. Officers will be mindful of this as the project develops.

Following a lengthy debate the amendments were put to the vote with the following result:

For: 26

Against: 30

Abstained: 0

Councillors Anolue, Anwar, Bond, Brett, Brown, Cole, Constantinides, During, Georgiou, Giladi, Goddard, Hasan, Headley, Lappage, Lemonides, McGregor, Murphy, Orhan, Oykener, Robinson, Rodin, G Savva, Simon, Stafford, Taylor and Wilkinson voted in favour of the above amendments to the recommendations.

Following a further debate the recommendations set out in the report were put to the vote with the following result:

For: 30

Against: 24

Abstained: 0

AGREED

1.         in principle to the reprovision of services in a new, purpose built dual registered residential and nursing care facility for older people, subject to a further report to Cabinet on the detailed capital and revenue implications once the specific site and size of development is confirmed.  This would include residential care, nursing care, day care, respite care and facilities for carers.  ...  view the full minutes text for item 72.

To receive the report of the Director of Environment, Street Scene and Parks (No. 130) proposing a revised Licensing Policy Statement in accordance with Section 5 of the Licensing Act 2003 that requires the Council, as Licensing Authority, to (a) determine its policy with respect to the exercise of its licensing functions and (b) publish a statement of that policy, every three years.

The recommendations set out in the report were endorsed by the Licensing Committee on 24 October 2007.

Councillor Neville moved and Councillor Boast seconded the report of the Director of Environment, Street Scene and Parks (No. 130) proposing a revised Licensing Policy Statement in accordance with Section 5 of the Licensing Act 2003 that requires the Council, as Licensing Authority, to (a) determine its policy with respect to the exercise of its licensing functions and (b) publish a statement of that policy, every three years.

NOTED that the recommendations set out in the report were endorsed by the Licensing Committee on 24 October 2007.

AGREED to approve the second edition of the Enfield’s Licensing Policy Statement, attached as Appendix 1 to the report.

To receive the report of the Director of Education, Childrens Services and Leisure (No. 131) seeking approval to proposed new arrangements for determining school organisation proposals following the abolition of School Organisation Committees.

This matter was considered at the Constitution Review Group meeting on 18 October 2007.

Councillor Rye moved and Councillor Vince seconded the report of the Director of Education, Childrens Services and Leisure (No. 131) seeking approval to proposed new arrangements for determining school organisation proposals following the abolition of School Organisation Committees.

NOTED that this matter was agreed by the Constitution Review Group meeting on 18 October 2007.

AGREED that the Terms of Reference of the Schools Forum be amended to enable it to receive objections/comments concerning statutory proposals for school organisation and the local authority’s recommendations in accordance with statutory guidance and the Council’s scheme of delegation.

To receive the report of the Director of Finance and Corporate Resources (No. 132) reviewing the arrangements for the Green Belt Forum and setting out proposals for its future operation.

This matter was considered at the Constitution Review Group meeting on 18 October 2007.

Councillor Rye moved and Councillor Boast seconded the report of the Director of Finance and Corporate Resources (No. 132) reviewing the arrangements for the Green Belt Forum and setting out proposals for its future operation.

NOTED

1.         that this matter was considered at the Constitution Review Group meeting on 18 October 2007.

2.         the amendment to the report tabled at the meeting and set out below:

Delete last sentence of paragraph 8.3 and replace it with "The Forum will be

provided with regular reports on issues in the green belt and will be

given the opportunity to understand relevant estate management matters."

AGREED

1.         That the future arrangements for the Green Belt Forum set out below be approved:

a.         the terms of reference of the Forum be widened to include all green belt land in the borough.

b.         the Forum’s role would be to:

i.            comment on strategic and policy issues affecting the green belt in Enfield, such as government, regional or local policies, and changing patterns of usage.

ii.            consider and comment on major developments which are likely to affect the character or appearance of the green belt.

iii.            comment on the Council’s various enforcement policies which are likely to affect the character and appearance of the green belt.

iv.        keep under review the Council’s overall management of the green belt in the Borough.

c.         the membership of the Forum to comprise of 7 councillors – 4 majority members and 3 opposition (see Minute 80 below).

d.         in the light of Counsel’s opinion summarised in paragraph 8.2 of the report, councillors who are members of the Green Belt Forum should not be members of the Planning Committee and that the Constitution be revised accordingly.

e.         the Forum meetings take place in public, with an open invitation to local interest groups.

To receive the report of the Director of Finance and Corporate Resources (No. 126) proposing that the Council participate in the promotion of another general powers bill, namely the Tenth London Local Authority Bill giving additional powers to London Boroughs and a Joint London Local Authorities and Transport for London Bill.

The attached report is to be considered at the Cabinet meeting on 31 October 2007.

Councillor Rye moved and Councillor Lavender seconded the report of the Director of Finance and Corporate Resources (No. 126) proposing that the Council participate in the promotion of another general powers bill, namely the 10th London Local Authority Bill giving additional powers to London Boroughs and a Joint London Local Authorities and Transport for London Bill.

NOTED that the report had been endorsed at the Cabinet meeting on 31 October 2007.

AGREED to participate in the promotion of the bills and pass the resolution in the form provided by the parliamentary agents as set out below:

“That the Council approves the inclusion in a bill or bills to be promoted by Westminster City Council or, as the case may be in a bill or bills to be promoted jointly by Westminster City Council and any other person as appropriate, of provisions effecting all or some of the following purposes –

 (a)      to make provision about the decriminalisation of offences relating to public health, highways and road traffic and making contravention of the relevant legislation subject to a civil penalty charge regime; the introduction of a local levy, administrated by London borough councils, on the provision of disposable shopping bags or to introduce a prohibition on the provision of disposable shopping bags; the introduction of a local levy administrated by the London borough councils on the sale of chewing gum; an extension of the type of premises in respect of which a street litter control notice can be issued under the Environmental Protection Act 1990 to include a wider range or non-domestic premises; to enable councils to better control the feeding of wild birds; to enable borough councils to make charges for the use of urinals; to make further provision about the control of the placing of items on the highway; altering London borough councils’ powers to fix signs and apparatus to buildings; amending London borough councils’ powers to charge for the provision of amenities on highways under Part VIIA of the Highways Act 1980; controlling the placing of household waste in street litter bins; to enable London borough councils to recover costs incurred by them in rectifying damage caused by them when removing unlawful advertisements; to enable London borough councils, as local housing authorities, to take enforcement action and recover costs in cases where there has been a failure to comply with a duty imposed in relation to the management of houses in multiple occupation under regulations made under Section 234 of the Housing Act 2004; imposing a requirement in respect of food premises which are subject to inspection by London borough councils under the Food Safety Act 1990 to display copies of inspection notices or summaries thereof on the premises; to impose a new licensing regime for social clubs; to alter the requirements relating to the service of documents under the City of Westminster Act 1966, which deals with sex establishments; to enable London borough councils to exert better control over the licensing of premises which, but for the  ...  view the full minutes text for item 76.

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.”

A supplementary question is not permitted.

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

The fourteen questions and responses are attached to the agenda.

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

The Mayor, agreed to accept the following urgent question:

Councillor Rodin to Councillor Rye, Leader of the Council:

“Will the Leader of the Council join with me in condeming the decision of the London Assembly to express no confidence in Sir Ian Blair, the Commissioner of the Metropolitan Police and will he instead also join me in thanking Sir Ian and the whole of the Metropolitan Police Service for all the excellent work they do on behalf of all the people of London?”

 Reply from Councillor Rye

“I would like to take this opportunity to thank the Metropolitan Police Service for all their excellent work. I do not, however, agree with Sir Ian Blair and sought his resignation 2 years ago. I have been concerned at the regular loss of Borough Commanders and at London Leaders requested Sir Ian supported Enfield, by leaving our Borough commander in place for a period of several years. He replied that whenever Enfield had a good Borough Commander they would be moved to somewhere more important. I believe Sir Ian to be too politically correct and political. I believe the Metropolitan Police deserve a proper policeman in charge, like our former Borough Commander Sharon Rowe.”

2.            Questions by Councillors

NOTED

1.         the fourteen 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

Councillor Adams to Councillor Barker, Cabinet Member for Adult Social Services:

“Would Councillor Barker update the Council on the latest position with the Restaurant at Skinners Court?”

Reply from Councillor Barker:

“It was expected by all parties concerned – the Skinners’ Company, Hanover Housing Association, Avenance plc (catering company) and the Council that the restaurant would become firmly established, well used by residents as well as friends, relatives and other visitors.  Sadly, and despite everyone’s efforts, this has not proved to be the case.  The Skinners’ Company and Enfield Council had agreed to underwrite the costs of the service for up to one year.  However, beyond that point, the restaurant would have to cover its own costs, and could not be subsidised on an ongoing basis by either of the above parties.

In the event, demand for the restaurant has never reached the level that would allow the service to cover its own costs, this is in part due to our success in helping more tenants to prepare and take meals in their own flats where it is their choice to do so.  There have been marketing efforts and endeavours to subsidise the service by renting communal rooms out on an organised and structured basis to local voluntary groups, clubs and services. After much deliberation, the Skinners’ Company has reluctantly reached the view that it must terminate the catering contract with Avenance at the end of November 2007.  Residents were advised of this news on Monday 29^{th  ...  view the full minutes text for item 77.}

Council is asked to note the decisions taken and the reasons for urgency.  The decisions set out below were 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. Partnership Agreement with Partners in the Skills 4U Project Delivering Training to Unemployed Residents

Decision:

Authority to enter into a partnership agreement with partners in the Skills 4U project and to confirm the action taken in signing the contract with ECOTEC to deliver training to unemployed residents in the partner areas.

Reason for Urgency:

The Partnership agreement needed to be signed by the partners by the end of June, or the funding would have been lost. This decision was not included in the June forward plan because advice had only just been sought with regards to the forward plan process. Inclusion in the next plan would have been too late for the reason given above.

ii.  Report on the Contractwith Eden Brown for the Supply of Agency Staff

Decision:

Exercise the option to extend the Council’s contract with Eden Brown for the provision of agency workers until 31 June 2008.

Reason for Urgency:

The Council’s contract with Eden Brown for the provision of agency workers expired on 30 June 2007. It had been assumed by staff managing the contract that given the wording of the original decision taken by Cabinet on 20 April 2005 i.e Eden Brown Ltd is appointed as Managing Agency for the supply of professional, technical and specialist staff for a limited period of two years with the option to extend the contract until 2009. That in fact Cabinet had already given approval in principle to the extension of the contract to 2009 should officers have deemed this to be in the best interests of the Council.

However, advice was only sought at a very late stage in this process from the Borough Secretary and Head of Finance Compliance and they have advised that constitutionally it is Cabinet that should give agreement to extend the contract rather than officers and further that given the value of the contract notice of the proposal to extend the contract should have been given in the forward plan.

As the contract ended on 30 June and the next meeting was not until 18 July, unless agreement was urgently obtained to extend the contract, the Council would have been in a position of trading with Eden Brown without a contract and potentially jeopardising the receipt of the discounts negotiated under the terms of the contract.

iii. Civic Centre Electricity Supply Contract

Decision:

To accept a tender for the supply of electricity for the Civic Centre.

Reason for Urgency:

The Council procures electricity for the Civic Centre by utilising the services offered by the Office of Government Commerce (OGC). The annual OGC contract (value approx £320k) came to an end on 30 September. The OGC was seeking prices from its framework supplier and was  ...  view the full agenda text for item 78.

NOTED the urgent decisions below made in accordance with the Council’s Rules of Procedure (Paragraph 17.3 – relating to the waiving of the requirement to allow a 5-day call-in period):

1.            Partnership Agreement with Partners in the Skills 4U Project Delivering Training to Unemployed Residents

2.         Report on the Contract with Eden Brown for the Supply of Agency Staff

3.         Civic Centre Electricity Supply Contract

4.             Arrangements in Connection with the Forthcoming Mediation regarding Merlin and Curlew Houses, including the Delegation of Authority from a Director to a Council Officer

5.         De Regulation of the Local Land Charges Register Fee (LLC1)

6.         Supply of Electricity to ½ Hourly Billed Sites

16.1In the name of Councillor Bond

“This Council rejects the proposal of the Cabinet in Report 122 considered at the Cabinet of 31 October 2007, to continue with a single Scrutiny Commission to scrutinise the budget proposals in preference to a more detailed analysis by each Scrutiny Panel.

This Council supports the principle of openess in scrutiny and encourages an active participation by stakeholders in the budget setting process.

It is therefore agreed that each Scrutiny Panel will consider the budget proposals for the service areas that they scrutinise.”

Councillor Bond moved and Councillor Taylor seconded a motion that:

“This Council rejects the proposal of the Cabinet in Report 122 considered at the Cabinet of 31 October 2007, to continue with a single Scrutiny Commission to scrutinise the budget proposals in preference to a more detailed analysis by each Scrutiny Panel.

This Council supports the principle of openness in scrutiny and encourages an active participation by stakeholders in the budget setting process.

It is therefore agreed that each Scrutiny Panel will consider the budget proposals for the service areas that they scrutinise.”

After a short debate Councillor Pipe moved and Councillor Bond seconded the following amendment to the motion:

“This Council supports the proposal to continue with a single Scrutiny Commission to scrutinise the budget proposals.

This Council supports the principle of openness in scrutiny and encourages an active participation by stakeholders in the budget setting process.

It is therefore agreed that each Scrutiny Panel may consider the budget proposals for the service areas that they scrutinise if they wish.”

On being put to the vote the amended motion was agreed by the Council.

17.1    To confirm the following changes to committee memberships:

i.          Green Belt Forum

Councillor Rodin to replace Councillor Hasan.

ii.            Licensing Committee

Councillor Anwar to replace Councillor Constantinides.

AGREED the following changes to committee memberships:

i.          Green Belt Forum

Councillors Andrew, Dey, Lamprecht and Rodin to replace Councillors Dreblow, Hasan, Pearce and T Smith.  One additional Conservative vacancy, name to be notified.

ii.            Licensing Committee

Councillor Anwar to replace Councillor Constantinides.  Vacancy to replace Councillor E Hayward.

To confirm any changes to nominations to outside bodies.

AGREED the following changes to nominations to outside bodies:

i.            Reserve Forces & Cadets Association for Greater London

Councillor Hall to replace Mr. David Marshall.

ii.         The Old Enfield Charitable Trust

To reappoint Councillor Bond for a further term until 23rd November 2011.

None received.

None.

The next meeting of the Council will be held on Wednesday 23 January 2008 at 7.00 p.m. at the Civic Centre.

NOTED that the next meeting of the Council was to be held on Wednesday 23 January 2008 at 7.00 p.m. at the Civic Centre.