Agenda and minutes

Council - Wednesday, 1st April, 2009 7.00 pm

Venue: Council Chamber

Contact: Stephen Addison  Tel: 0208 379 4097. E-mail:  stephen.addison@enfield.gov.uk

Items
No. Item

115.

MAYOR’S CHAPLAIN TO GIVE A BLESSING

The Mayor’s Chaplain to give a blessing.

Minutes:

The Mayor’s Chaplain The Reverend Stephen Leader gave a blessing on the Council.

 

The Mayor thanked The Reverend Stephen Leader for his help and support over the past year.

116.

MAYOR'S ANNOUNCEMENTS

Minutes:

The Mayor made the following announcements:

 

“1.            Welcome

 

First I would like to begin by welcoming Councillors and the Public, as well as my Mayoress Marcia Chamberlain, to the chamber this evening.

 

For those members of the public who are not familiar with the workings of the chamber, while you are very welcome to observe, only elected Councillors are able to participate in the debate.

 

2.            Beacon Council

 

Before I get on to my main announcements, I have been asked if I would present aBeacon status award for Supporting Independent Living for Disabled Adults to representatives here tonight.  

 

The award of Beacon status is of course widely recognised as the most prestigious of all Local Government Awards and I am happy here to help recognise the hard work done at all levels in Council, which has lead to the award.

 

Very well done and thank you.”

 

The Mayor then gave the following report on his year in office:

 

 “Well the time since last May has gone quickly, very quickly.  This is the last Council meeting I am due to chair.

 

Yes that was the prompt for sympathy.

 

1.            Representation

 

Over the past year the Mayoral office has received invitations for well in excess of 300 events and between us we have attended the vast majority of those.  The events have ranged from youth games covering whole weekends to midnight walks in support of charity.

 

You will know from my reports to this chamber the breadth of activity happening in Enfield, before I even begin to address the wider representational role outside the Borough.

 

In terms of attendance I have personally attended three quarters of the events, which I am told is a good batting average, as often you need to be in two places at once, with events tending to crowd the weekends and evenings; while avoiding holiday periods and creating marathon back to back duties at times.

 

In performing those duties, my philosophy as Mayor has been simple,

 

If I am available I will come along; once there I will stay as long as I am welcome; and if feasible I will meet and talk to as many people as possible. 

 

People want to meet their Mayor.

 

2.         Events of greater note

 

In compiling this announcement I started to list events I thought merited special mention, that was a mistake; after I got past the first 80 or so, I realised your patience was going to run out long before my list, so I have arbitrarily picked a few themes to narrow this down.

 

3.            Twinnings

 

I am honoured to recall that I had the privilege of signing the historic twinning agreements between our Borough and the Municipalities of Halandri in Athens and Sariyer in Istanbul.

 

I look forward to seeing the continuing friendship develop on many levels.

 

4.            Awards

 

I have presented awards for literally more causes than I can recall.  Awards for volunteering, long service, dealing with youth offenders, public speaking, high achievers, enterprise and innovation,  ...  view the full minutes text for item 116.

117.

MINUTES pdf icon PDF 53 KB

To approve, as a correct record, the minutes of the Council meeting held on 25 February 2009.

Minutes:

AGREED that the minutes of the Council meeting held on 25 February 2009 be confirmed as a correct record subject to the following amendment:

 

Minute No. 107 (bottom of page 66) – correct spelling of Simbodyal

118.

APOLOGIES

Minutes:

Apologies for absence were received from Councillors Anolue, Bond, Georgiou and Stafford.  Apologies for lateness were received from Councillor McGregor.

119.

DECLARATION OF INTERESTS pdf icon PDF 27 KB

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.

Minutes:

Councillor Constantinides declared a personal interest in Item No. 9 – Empty Property Compulsory Purchase Orders (CPOIII).

120.

Change of Order of Business

Minutes:

Councillor Rodin moved and Councillor Constantinides seconded a motion to change the order of business on the agenda under paragraph 2.2 (page 4-5) of the Council’s Procedure Rules to enable the meeting to take agenda item 14.2 as the next item of business. This was put to the vote and lost.

121.

District Auditor's Annual Audit and Inspection Letter - Audit 2007/08 pdf icon PDF 31 KB

To receive the report of the Chief Executive (No. 211) summarising the more important matters arising from the Relationship Manager and District Auditor’s audit and inspection programme for 2007/8 and commenting on current issues.

 

The attached report is to be considered at the Cabinet meeting on 25 March and the Audit Committee on 31 March 2009.

Additional documents:

Minutes:

Councillor Rye moved and Councillor Lavender seconded the report of the Chief Executive (No. 211) summarising the Relationship Manager and District Auditor’s audit and inspection programme for 2007/8 and commenting on current issues.

 

NOTED

 

1.         that the content of the letter and the report had been welcomed at the Cabinet meeting on 25 March and the Audit Committee on 31 March 2009.

 

2.         that Councillors Rye and Rodin congratulated all of the Council’s staff on their achievement in obtaining 4 star status for the authority.

 

AGREED to note the contents of the Annual Letter. 

122.

Children and Young People's Plan 2009-2012 pdf icon PDF 39 KB

To receive the joint report of the Interim Directors of Education, Children’s Services and Leisure (No. 232).  This summary report seeks Council’s approval to the Plan previously circulated to all Members.

 

The detailed report (No. 214) setting out the Children and Young People’s Plan for 2009 – 2012 was circulated with the agenda for the Cabinet meeting to be held on 25 March 2009.  Further copies are available in the Members Library and on request from the Democratic Services Team. 

Minutes:

Councillor Vince moved and Councillor Lamprecht seconded the joint report of the Interim Directors of Education, Children’s Services and Leisure (No. 232).  This summary report seeks Council’s approval to the Plan previously circulated to all Members.

 

NOTED that the detailed report (No. 214) setting out the Children and Young People’s Plan for 2009 – 2012 was endorsed at the Cabinet meeting held on 25 March 2009.

 

AGREED

 

1.         the Children & Young People’s Plan 2009 - 2012

 

2.         to delegate the final approval of the Children & Young People’s Plan 2009 – 2012 to the Cabinet Member for Education and Children's Services.

123.

Empty Property Compulsory Purchase Orders (CPOIII) pdf icon PDF 732 KB

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

(No. 213) seeking Council approval to make Compulsory Purchase Orders (CPOs) on five empty residential properties whose owners have proved un-responsive to attempts by Officers to bring them back into residential use.

 

The attached report is to be considered at the Cabinet meeting on 25 March 2009.

Minutes:

Councillor Laban moved and Councillor Lavender seconded the report of the Director of Health and Adult Social Care (No. 213) seeking Council approval to make Compulsory Purchase Orders (CPOs) on five empty residential properties whose owners have proved un-responsive to attempts by Officers to bring them back into residential use.

 

NOTED that the report was endorsed at the Cabinet meeting on 25 March 2009.

 

AGREED

 

1.         the making of five separate Compulsory Purchase Orders (Orders) in respect of the following properties 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): 16 South Street, EN3 4JZ, 112 Woodberry Avenue, N21 3LB, 121 Empire Avenue, N18 1AP, 63 Osborne Road, N13 5PU, and 11 Harrington Terrace, N18 1JX, as shown on the plans (appendices 1-5) of the report;

 

2.         that the Directors of Health and Adult Social Care & Finance and Corporate Resources undertake all necessary steps to prepare the Orders, and all associated documentation, and thereafter take all necessary procedural steps (including the conduct of a Public Inquiry if necessary) to obtain confirmation of the Orders by the Secretary of State;

 

3.         that the Director of Health and Adult Social Care & the Director of Finance & Corporate Resources take all necessary action, following confirmation of the Orders, to acquire the properties subject to the Orders either compulsorily or by agreement, and to deal with all matters relating to the payment of compensation and statutory interest, including instituting or defending proceedings as necessary;

 

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

 

5.         that the Directors of Health and Adult Social Care & Finance and Corporate Resources continue to identify and prioritise resources in order to maintain an ongoing CPO programme that is proportionate and appropriate to address the needs of the Borough.

124.

RISK MANAGEMENT STRATEGY pdf icon PDF 2 MB

To receive the report of the Director of Finance and Corporate Resources (No. 233) recommending the approval of an updated Risk Management Strategy reflecting current thinking and best practice.

 

The recommendations set out in the attached report were endorsed at the Cabinet meeting on 4 March and the Audit Committee on 14 January 2009.

Minutes:

Councillor Hurer moved and Councillor Jukes seconded the report of the Director of Finance and Corporate Resources (No. 233) recommending the approval of an updated Risk Management Strategy reflecting current thinking and best practice.

 

NOTED that the recommendations set out in the attached report were endorsed at the Cabinet meeting on 4 March and the Audit Committee on 14 January 2009.

 

AGREED the revised Risk Management Strategy.

125.

Contract Procedure Rules – Annual Revisions pdf icon PDF 37 KB

To receive the report of the Director of Finance and Corporate Resources (No. 234) setting out the significant areas of revision to the Council’s contract procedure rules and the benefits to the Council for the proposed changes.

 

The recommendations set out in the attached report were endorsed at the meetings of the Constitution Review Group on 5 March 2009 and the Audit Committee on 14 January 2009.

Additional documents:

Minutes:

Councillor Hall moved and Councillor Delman seconded the report of the Director of Finance and Corporate Resources (No. 234) setting out the significant areas of revision to the Council’s Contract Procedure Rules and the benefits to the Council for the proposed changes.

 

NOTED that the recommendations set out in the report were endorsed at the meetings of the Constitution Review Group on 5 March 2009 and the Audit Committee on 14 January 2009.

 

During the debate Councillor Boast moved and Councillor Neville seconded the amendment to the recommendations set out below:

 

That paragraphs 8.2 and 8.3 on page 33 of the report and section F of the Pre-Qualification Questionnaire be deleted.

 

Councillor Simon moved and Councillor Hurer seconded that the Council proceed to the next item of business.   Councillor Simon withdrew the motion before it was put to the vote.

 

Councillor Boast withdrew his amendment to the recommendations.

 

Councillor Lavender moved and Councillor Hurer seconded a motion to refer the report back to the Constitution Review Group to consider the impact that complying with these rules has on the ability of small and local businesses to tender for Council contracts and to determine if there are any legal constraints preventing the revision of the pre qualification questionnaire.

 

After a short debate the motion was put to the vote with the following result:

 

For: 31

Against: 24

Abstained: 2

 

AGREED to refer the report back to the Constitution Review Group to consider the impact that complying with these rules has on the ability of small and local businesses to tender for Council contracts and to determine if there are any legal constraints preventing the revision of the pre qualification questionnaire.

126.

Recommendations from Constitution Review Group pdf icon PDF 38 KB

To receive the report of the Director of Finance & Corporate Resources

(No. 236) setting out a number of issues and recommendations from the Constitution Review Group meeting held on 5 March 2009, namely:

 

i.            Councillor Call For Action – New Procedure

 

ii.            Changes to the Council Meeting Procedures relating to Opposition Business.

Additional documents:

Minutes:

Councillor Rye moved and Councillor Barker seconded the report of the Director of Finance & Corporate Resources(No. 236) setting out a number of issues and recommendations from the Constitution Review Group meeting held on 5 March 2009, namely:

 

i.            Councillor Call For Action – New Procedure

 

ii.            Changes to the Council Meeting Procedures relating to Opposition Business.

 

Councillor McGregor moved and Councillor Wilkinson seconded the following amendment to the recommendations set out in the report:

 

13.1 The Council will at four meetings a year, give time on its agenda to issues raised by an Opposition Group.

13.2 All other Council meetings will also provide opportunities for the Opposition Group(s) to raise issues…

13.3    (a) An Opposition Group shall submit…

            (d) If requested, briefings…will be available to the opposition group(s)

            (e) No later than 10 calendar days…. the opposition group concerned must provide the Borough Secretary with an issues paper…

(f) (i) The debate will be open by a Member of the Opposition Group concerned.

 

After a short debate the motion was put to the vote with the following result:

 

For: 2

Against: 44

Abstained: 2

 

AGREED

 

1.         the new procedure, for inclusion within the Council’s Constitution, for the implementation of the councillor call for action, as required by the Local Government and Public Involvement in Health Act 2007, and as detailed in Appendix A. 

 

2.         the amendment of the Council’s Constitution in respect of Council Meeting Procedures – Opposition Business (Part 4, Council Procedure Rules, Paragraph 13 of the Council’s Constitution), as detailed in paragraph 3.3 of the report. 

127.

COUNCILLORS’ QUESTION TIME pdf icon PDF 67 KB

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

 

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

 

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

 

A supplementary question is not permitted.

 

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

 

The eighteen questions and responses are attached to the agenda.

Minutes:

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

 

The Mayor advised the Council that having considered the requirements set out in the Constitution he was able to allow the following urgent questions:

                       

Urgent Question 1 from Councillor E Savva to Councillor Neville, Cabinet Member for Environment and Street Scene:

 

“Can Councillor Neville provide an update to the Council of the current situation concerning the funding of the A406 improvements following the recent announcements by Transport for London?”

 

Reply from Councillor Neville:

 

"The Bounds Green section of the A406 has been a thorn in the side of this authority for many years during which we have tried to secure major improvements. The Transport for London Board met to discuss the postponement of that scheme yesterday and was minded to do so as reported in the Evening Standard newspaper. The newspaper also correctly reported the concerns of residents and this authority. At the meeting the Board discussed this issue but did not agree to the proposed deferral. The Mayor Boris Johnson argued that it had been long delayed already and it needed to proceed. The scheme is important to the borough in terms of road traffic and housing. Many of the houses have been blighted for more than 20 years and we would not wish there to be further delay. The former Mayor approved a smaller scheme. I am delighted to say that work on the North Circular Road will certainly proceed as planned and this decision shows that Boris Johnson, unlike his predecessor, is a listening Mayor."

 

Urgent Question 2 from Councillor Pipe to Councillor Lavender, Deputy Leader of the Council / Sustainable Communities & Employment & Place Shaping

 

“Can Councillor Lavender provide an update on the situation regarding Broomfield House, following the announcements on Friday of awards from the Mayor for London, Boris Johnson's targeted housing pot?”

 

Reply from Councillor Lavender:

 

My views on Broomfield House are well known. Although there have been previous proposals to restore the house, these have been premised on the need for a level of football which would disturb local residents, undermine the park and require the release of covenants. These are three things I do not support.

 

Before actively progressing steps to persuade English Heritage that the demolition of the House was the most cost effective and reasonable way forward I asked officers to give it one last throw of the dice and seek funding from the Mayor’s targeted housing pot to provide grant funding to assist in the conversion of the building and stables to sheltered accommodation.

 

Such a use would have been a viable use for the site without additional revenue costs, which would not otherwise be incurred, would comply with the covenants and not cause disruption to the park or local residents.

 

I regret to inform the Council that we were notified on Friday by the LDA that Enfield did not receive any funding from the Mayor’s targeted housing pot.

 

I am pleased to be able  ...  view the full minutes text for item 127.

128.

Standing Order 8 - Duration of Council Meeting

Minutes:

NOTED

 

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

 

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

129.

MOTIONS

14.1    In the name of Councillor Rye

 

“Enfield Council regrets that the Government chose to raise the Council Housing Guideline Rate by 6.2% and welcomes the proposed reduction in these rents and notes that this reduction is still above the overall council tax increase for Enfield residents of 1.9%.”

 

14.2    In the name of Councillor Rodin

 

“This Council is aware of the financial difficulties being faced by many Enfield residents in the current economic situation.  It recognises that its decision to increase the Council Tax for 2009/10 was unwelcome.  It is also aware that the Council has substantial financial reserves.  It therefore resolves: -

1.         to change its decision taken at the Council meeting on 25 February to increase the Council Tax for 2009/10 and instead to set a Council Tax for 2009/10 at the same level as that for 2008/9

2.         to declare its intention to set the Enfield element of the Council Tax for 2010/11 at the same level as the Council Tax for 2008/9.”

Minutes:

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

 

i.          In the name of Councillor Rye

 

“Enfield Council regrets that the Government chose to raise the Council Housing Guideline Rate by 6.2% and welcomes the proposed reduction in these rents and notes that this reduction is still above the overall council tax increase for Enfield residents of 1.9%.”

 

ii.         In the name of Councillor Rodin

 

“This Council is aware of the financial difficulties being faced by many Enfield residents in the current economic situation.  It recognises that its decision to increase the Council Tax for 2009/10 was unwelcome.  It is also aware that the Council has substantial financial reserves.  It therefore resolves: -

1.         to change its decision taken at the Council meeting on 25 February to increase the Council Tax for 2009/10 and instead to set a Council Tax for 2009/10 at the same level as that for 2008/9

2.         to declare its intention to set the Enfield element of the Council Tax for 2010/11 at the same level as the Council Tax for 2008/9.”

130.

MEMBERSHIPS

To confirm any changes to committee memberships.

Minutes:

There we no changes to committee memberships.

131.

NOMINATIONS TO OUTSIDE BODIES

To confirm any changes to nominations to outside bodies.

Minutes:

There we no changes to nominations to outside bodies.

132.

Called in Decisions

None received.

Minutes:

None.

133.

DATE OF NEXT MEETING

The next meeting of the Council will be held on Wednesday 6 May 2009 at 7.00 p.m. at the Civic Centre.

Minutes:

NOTED that the next meeting of the Council was to be held on Wednesday 6 May 2009 at 7.00 p.m. at the Civic Centre.