Agenda and minutes

Council
Wednesday, 9th November, 2011 7.00 pm

Venue: Council Chamber

Contact: James Kinsella  Tel: 0208 379 4041 E-mail:  james.kinsella@enfield.gov.uk

Items
No. Item

72.

ELECTION (IF REQUIRED) OF THE CHAIRMAN/DEPUTY CHAIRMAN OF THE MEETING

Minutes:

The Mayor apologised for the late start of the meeting, which had been delayed until 7:45pm.  This had been due to an urgent briefing provided for the Opposition Group and subsequent cross party discussions relating to the Barnet, Enfield & Haringey Clinical Strategy.

 

The election of a Chairman/Deputy Chairman of the meeting was not required. 

73.

MAYOR’S CHAPLAIN TO GIVE A BLESSING

The Mayor’s Chaplain to give a blessing.

Minutes:

Father Richard from St Matthews Church gave the blessing. 

74.

Mayor's Announcements (if any) in connection with the ordinary Council Business

Minutes:

The Mayor made the following announcements: 

 

·              She thanked Father Richard for offering the prayers.

 

·              The Mayor asked members to stand for one minutes silence in memory of the men and women who had lost their lives in service of their country and, following the recent sad losses of past Mayor, Eric Smythe, and Veronica Groves, tenant Board member of Enfield Homes.  The Council then rose to observe the minutes silence.

 

Councillor Doug Taylor, Leader of the Council, and Councillor Ann Marie Pearce, gave eulogies in respect of past Mayor, Eric Smythe, who would be fondly remembered by all who knew him.

 

The Mayor then moved on to announce:

 

·              She had attended an event as part of the Black History Month, which had also been attended by His Excellency Mr Anthony Johnson, High Commissioner of Jamaica.  She had had great pleasure in unveiling the Slavery Plaque which hangs in the Conference Room, with copies also hanging in Edmonton Green Library and Community House.

 

·              Members from both groups and past Mayors had joined her at the Mayor’s Harvest Festival at St Matthews Church, Ponders End, on 2 October, which had been made more poignant as Eric Smythe had also attended.

 

·              She had attended a ‘100 hours volunteering event’ in October and continued to be amazed and full of admiration for the number of people who volunteer within the community.  She expressed her thanks and appreciation to all of them.

 

·              She had attended the Dhama Mindir in celebration of the Hindu Festival of Lights – Diwali. 

 

·              She had attended the Enfield Youth Parliament results evening and welcomed young people coming forward to embrace the challenges in the borough and wanting to make a difference. 

 

·              The Mayor, the Deputy Mayor and Brigadier Paul Orchard-Lisle, Representative Deputy Lieutenant for Enfield, would be attending the Remembrance services taking place throughout the borough on Remembrance Sunday.

 

·              The Deputy Mayor would be joining the Association of Jewish Ex-Service Men and Women for their Remembrance Service in Southgate Synagogue on Saturday 19 November.

 

·              The Mayor’s Charity Festival Night would be held on Friday 25 November from 7pm at St Edmund’s Church Hall, Edmonton.  Tickets cost only £25 and all were encouraged to attend.  Tickets were available from the Mayor’s Office.

 

·              She would be hosting a get together of past Mayors in the Parlour on Thursday 8 December.

 

·              The Mayor’s Christmas Party would be held on Friday 16 December and all were very welcome.

75.

MINUTES pdf icon PDF 52 KB

To approve, as a correct record, the minutes of the Council meeting held on 21 September 2011.

Minutes:

AGREED that the minutes of the Council meeting held on 21 September 2011 be confirmed and signed as a correct record

76.

APOLOGIES

Minutes:

Apologies for absence were received from Councillors Ahmet Hasan, Ertan Hurer, Chris Murphy, Daniel Pearce, George Savva and Glynis Vince.  Apologies for lateness were received from Councillor Bambos Charalambous.

77.

DECLARATION OF INTERESTS pdf icon PDF 26 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 Joanne Laban declared a personal interest in item 7 – Opposition Business – Supporting the Formation of Free Schools in Enfield, as her brother (Matthew Laban) was a Governor at the Woodpecker Hall Primary Academy, Kingfisher Hall Primary Academy and Cuckoo Hall School.

 

Councillor Waterhouse declared a personal interest in items 11 – Review of Parliamentary Constituency Boundaries – and 14.4 Motion in the name of Councillor Lavender, as he was Senior Parliamentary Assistant to Nick de Bois MP.

 

Councillor Chamberlain declared a personal interest in Item 14.4 – Motion in the name of Councillor Lavender, as his son had recently been robbed by a person with a knife

78.

OPPOSITION BUSINESS - SUPPORTING THE FORMATION OF FREE SCHOOLS IN ENFIELD pdf icon PDF 16 KB

An issues paper prepared by the Opposition Group is attached for the consideration of Council.

 

The Constitution Procedure Rules relating to Opposition Business are attached for information.

Additional documents:

Minutes:

Councillor Kaye introduced the issues paper prepared by the Conservative Group, encouraging the Council to more proactively embrace Government policy relating to the creation of Academies and Free Schools in the borough.

 

In introducing the paper he highlighted the case for making Free Schools & Academies a central element in urban regeneration.  He also felt they could:

·              Provide increased educational opportunities for disadvantaged children;

·              Offer good quality and diverse educational choices for children as demonstrated by the outstanding success of Cuckoo Hall School in Edmonton and associated new Woodpecker and Kingfisher Free Schools;

·              Greatly improve standards in low performing schools, as demonstrated by the Mossborn Academy in Hackney. 

 

The Opposition Group felt there was a need for the Council to actively encourage the creation of Academies or Free Schools in the borough as it did in attracting new businesses to the borough, with the following benefits highlighted:

·              Nationally 24 free schools, with 10,000 pupils, had been set up over the past year.  Such schools would drive up educational standards to enable children to achieve higher grades in GCSEs and equip them to compete in the global market;

·              The ability to offer parents more choice in the education of their children, as well as helping to alleviate pressure on school places.

 

It was also felt that the Council had missed an opportunity in not making available the old Southgate Town Hall site for Academy or Free School use.

 

Councillor Orhan, Cabinet Member for Children and Young People, responded on behalf of the majority group.  She advised that Government cuts in funding, children and educational services being particularly vulnerable, had placed huge pressure on the Council in protecting high quality local services.  In light of continuing uncertainty about future revenue funding the Administration therefore believed it was essential that all schools were fairly funded through a local funding formula.   The requirement for Local Authorities to transfer stewardship of land to Academies or Free Schools was also a matter of concern.

 

She also highlighted how the Administration had invested in and achieved highly rated educational and children’s services, by developing a family of schools with professional staff delivering quality services.  This quality of education was delivered irrespective of postcode and in response to local demand.  It was felt that Academies and Free Schools could potentially destabilise this success and fragment education provision.  Planning for the future needed to be flexible based on the creativity and drive of local teachers and parents in the established family of schools.

 

Labour, both nationally and locally, was relentlessly focused on ensuring educational quality to equip children with the skills needed to enable them to reach their full potential and compete in a global market.

 

Following a lengthy debate, Councillor Kaye summed up on behalf of the Opposition Group, requesting that the Administration create the appropriate environment where new and experienced groups would be encouraged to establish new schools within the borough.

 

In response to the debate and recommendations made within the Opposition Business paper, Councillor Georgiou highlighted that:  ...  view the full minutes text for item 78.

79.

Change in the order of business

Minutes:

Councillor Brett moved a proposal 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 the following (in the order listed) as the next items of business:

 

·              Item 12: Changes to the Council’s Constitution.

·              Item 11: Review of Parliamentary Constituency Boundaries

·              Item 14: Motions

 

This was agreed by the Council.  Please note the minutes reflect the order in which the items were dealt with at the meeting.

80.

Changes to the Council's Constitution pdf icon PDF 101 KB

To receive a report from the Director of Finance, Resources & Customer Services (No.132) recommending a number of changes to the Council’s Constitution, agreed following consideration by the Governance Review Group on 1 September & 17 October 2011.

Minutes:

Councillor Simon (as Chair of the Governance Review Group) moved and Councillor Georgiou seconded the report from the Director of Finance, Resources & Customer Services (No.132) recommending a number of changes to the Council’s Constitution, referred following consideration by the Governance Review Group on 1 September & 17 October 2011.

 

NOTED

 

1.            The main changes proposed related to:

 

a.      the rules of debate at Council and Committee meetings

 

b.      the Terms of Reference and name of the Governance Review Group

 

c.      provision for substitute members on Overview & Scrutiny Committee

 

2.      The concerns raised by the Opposition Group relating to the impact that it was felt the proposed changes to the rules of debate at both Council and Committee meetings would have on the democratic process and at the drafting of the proposed amendment to Para 12.14 (Personal explanation).

 

3.      The proposed changes had been subject to detailed consideration and had been approved for referral onto Council by all members (from both Groups) present at the Governance Review Group.  In response to the concerns raised, it was pointed out that the changes had been recommended as a means of making the democratic process run more efficiently and effectively with the aim of allowing debate to flow more smoothly and without interruption (unless this was required to address a specific breach of the rules).

 

4.      The Governance Review Group would continue to keep the operation of any changes agreed to the rules of debate under review.

 

AGREED

 

(1)    to approve the following changes to the Rules of Debate at Council meetings in the Council’s Constitution:

 

(a)    When a member may speak again (Paragraph 12.6 in Chapter 4.1 of the Constitution – Page 4-12) amend to include as (h) under para 12.6:  “to allow the mover of an amendment to also have a right to sum up.  Such speeches to be limited to three minutes.”

 

(b)    Points of order and personal explanation (Paragraphs 12.13 & 12.14 in Chapter 4.1 of the Constitution – Page 4-15) – amend only to allow points of information and personal explanation to be made at the end of a speech to which they relate, with the relevant paragraphs amended to read:

 

·              Para 12.13 Point of Order – “A member may only raise a point of order at the end of the speech to which it relates.  A point of order may only relate to an alleged breach of these Council Rules of Procedure or the law.  The member must indicate the rule of law and the way in which he/she considers it has been broken.  The members speech will be limited to one minute, with any additional time to be agreed at the discretion of the Mayor.  The ruling of the Mayor on the matter will be final.”

 

·              Para 12.14 Personal explanation – “A member may only make a point of personal explanation at the end of the speech to which it relates.  A personal explanation may only relate to some material part of the earlier speech by the member, which  ...  view the full minutes text for item 80.

81.

Review of Parliamentary Constituency Boundaries pdf icon PDF 33 KB

To receive a report from the Chief Executive (No.131) asking the Council to consider whether it wishes to submit the representations recommended by the Electoral Review Panel on 11 October 2011 to the Boundary Commission for England, in response to their initial proposals for review of Parliamentary constituency boundaries.

Minutes:

Councillor Stafford (as Cabinet member for Finance & Property) moved and Councillor Waterhouse seconded the report from the Chief Executive (No.130) outlining representations drafted by the Electoral Review Panel on 11 October 2011, on behalf of the Council, for submission to the Boundary Commission for England.  These were in response to the Commissions proposals for review of the Parliamentary Constituency boundaries.

 

NOTED

 

1.      The amendment tabled at the meeting, moved by Councillor Stafford, to the 1st bullet point of the proposed submission to the Boundary Commission in section 3.6.1 of the report.  This amendment was seconded by Councillor Waterhouse and was approved by Council.

 

2.      The cross party and unanimous support for the representations (as amended) set out in section 3.6.1 of the report and concerns relating to the Commission’s proposals for Enfield, which were not felt:

 

(a)    to be in the best interests of the people of Enfield and its surrounding area;

 

(b)    to have recognised:

·              the nature of the geographical boundaries between Edmonton & Chingford or lack of historic and local ties between both areas;

·              the demographic differences between Edmonton & Chingford; and

·              the strength of historical ties between Edmonton & Enfield.

 

3.      The following additional recommendation moved by Councillor Rye and seconded by Councillor Prescott during the debate, for consideration as part of the Council’s final submission:

 

Representations also be made to London Councils seeking development of a pan London response to the Commission’s proposals aimed at producing a more co-ordinated approach between Borough and Parliamentary boundaries.”

 

This additional recommendation was agreed by Council.

 

AGREED that subject to the following amendments, the representations set out in paragraph 3.6.1 of the report be approved by the Council for submission to the Boundary Commission for England:

 

(1)    First bullet point to read “We believe that the sub regionalisation of London into London North East and London North West does not work in the best interests of Enfield, particularly as the bulk of the borough is to the west of the River Lee, which the Commission has considered as a geographical boundary in its considerations.

 

(2)    Representations also be made to London Councils seeking development of a pan London response to the Commission’s proposals aimed at producing a more co-ordinated approach between borough and Parliamentary boundaries.

82.

MOTIONS

14.1    In the name of Councillor Goddard

 

“Evidence of the sources of odour emanating from the different parts of the Deephams site have been provided to the Council and all Councillors by Thames Water.  Council therefore reaffirms its objective to ensure that the odour from Deephams works is thoroughly addressed in the current and future development of the site.

 

Council will continue to make representations to Thames Water about the issue through the forthcoming consultation process and public meetings that Thames Water have to organise as part of the planning process.

 

To ensure that resident views are equally heard, Council will work with Thames Water to get maximum public participation at these events and in the consultation processes.”

 

14.2         In the name of Councillor Taylor

 

“This Council notes the Secretary of States decision on Chase Farm Hospital and agrees a course of action.”

 

14.3In the name of Councillor Hamilton

 

“This Council deplores the decrease in sergeant numbers in Safer Neighbourhood teams in Enfield as a result of a decision taken by the Conservative lead Metropolitan Police Authority (MPA).  This at a time when local intelligence is of immense importance as evidenced by the unfortunate events of August.”

 

14.4    In the name of Councillor Lavender

 

"This council congratulates the Government on its plans to include 16 and 17 year olds in legislation for mandatory custodial sentences for people who use a knife to threaten or endanger a person. This council further notes the crucial role played in securing this change in the law by Enfield North MP Nick de Bois who led the campaign in Parliament, the Enfield Independent newspaper that promoted the petition signed by hundreds of residents calling for 16 and 17 year olds to be included in the legislation, anti-knife crime groups such as STOP, TAGS, Anti-knife UK and the Enfield-based Nelson-Williams Foundation, and the borough's two other MPs David Burrowes and Andy Love".

Minutes:

1.1    Councillor Goddard moved and Councillor Cicek seconded that the motion relating to the Deephams site, listed as agenda item 14.1, be withdrawn.  This was approved by Council:

 

1.2    Councillor Taylor moved and Councillor Lavender seconded that the motion relating to Chase Farm Hospital, listed as agenda item 14.2 be withdrawn.  This was approved by Council

 

In moving withdrawal of the item it was noted that:

·              The original purpose of the motion was to allow Council to be informed of the approach being developed in response to the final decision of the Secretary of State for Health on the Barnet, Enfield & Haringey Clinical Strategy;

·              Since the Council agenda had been dispatched, the Council had given notice to the Secretary of State for Health and NHS bodies of its willingness to initiate legal proceedings seeking to challenge decisions taken on the Clinical Strategy, if its requirements were not met.  It was not therefore felt appropriate to undertake any further discussion of this issue at the meeting;

·              A further progress update would be provided for Cabinet on 23 November 2011;

·              The Opposition Group, having been briefed on the matter immediately prior to the Council meeting, had expressed in principle support for the course of action initiated.

 

14.3    Councillor Hamilton moved and Councillor Brett seconded the following motion:

 

“This Council deplores the decrease in sergeant numbers in Safer Neighbourhood Teams in Enfield as a result of a decision taken by the Conservative lead Metropolitan Police Authority (MPA).  This is at a time when local intelligence is of immense importance as evidenced by the unfortunate events of August.”

 

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

 

For: 29

Against: 20

 

1.4    In view of the limited time available for the remainder of the meeting, Councillor Lavender moved and Councillor Waterhouse seconded that the motion relating to legislation on custodial sentences for knife crime, listed as agenda item 14.4 be withdrawn.  This was approved by Council

83.

Implementing the Enfield Food Strategy pdf icon PDF 45 KB

To receive a report from the Director of Regeneration, Leisure and Culture (No.102) seeking approval to the development of the Enfield Food Strategy 3 Year Action Plan.

 

The recommendations set out in the report were endorsed and recommended for approval to Council, at the Cabinet meeting held on 12 October 2011. (Key Decision – Reference No.3346)

Additional documents:

Minutes:

Councillor Goddard (as Cabinet member for Business & Regeneration) moved and Councillor Bond seconded the report of the Director of Regeneration, Leisure & Culture (No.102) seeking approval to the development of the Enfield Food Strategy 3 Year Action Plan.

 

NOTED the recommendations set out in the report had been endorsed by Cabinet on 12 October 2011.

 

AGREED

 

(1)    To approve the development of the Enfield Food Strategy 3 Year Action Plan incorporating consultation feedback.

 

(2)    The Food Sector Board, as the body to manage the Enfield Food Strategy 3 Year Action Plan.

84.

The Enfield Declaration on becoming a "Global Borough" pdf icon PDF 39 KB

To receive a report from the Director of Schools and Children’s Services (No.104) seeking agreement to the Enfield Declaration on becoming a “Global Borough”.

 

The recommendations set out in the report were endorsed and recommended for approval to Council, at the Cabinet meeting held on 12 October 2011.  (Non-Key Decision)

Minutes:

Councillor Brett moved and Councillor Orhan seconded the report from the Director of Schools and Children’s Services (No.104) seeking agreement to the Enfield Declaration on becoming a “Global Borough”.

 

NOTED

 

1.      the recommendations set out in the report had been endorsed by Cabinet on 12 October 2011 and had also been subject to consideration at the Town Twinning & Tourism Working Party.

 

2.      The key aims and objectives behind the Declaration, which included links to the education sector; partnership working, Fair Trade as well as training and development for staff.

 

3.      The Council’s involvement in promoting collaborative and positive relationships locally, nationally and globally and members thanks to officers for their work in preparing the Declaration.

 

4.      The concerns highlighted by the Opposition Group at the drafting of section 8.2 within the report, for which the wording appeared to be incomplete.

 

AGREED to approve the Enfield Declaration on becoming a “Global Borough

 

The above resolution was put to the vote and agreed with the following result:

 

For: 30

Against: 17:

Abstentions: 2

85.

Council Procedure Rule 8 - Duration of Council Meeting

Minutes:

NOTED 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 now elapsed and the remaining items of business would be dealt with in accordance with the expedited procedure.

 

The remaining items of business were then considered without debate.

86.

Review of Parliamentary Polling Districts & Places pdf icon PDF 52 KB

To receive a report from the Chief Executive (No.130) seeking approval to the final recommendations arising from the statutory review of Polling Districts and Polling Stations undertaken by the Electoral Review Panel in order to comply with the requirements of the Representation of the People Act 1983.

 

Council is being asked to approve the recommendations arising from the review for adoption with effect from 1 December 2011.

Minutes:

RECEIVED the report from the Chief Executive (No.130) seeking approval to the final recommendations arising from the statutory review of Polling Districts and Polling Stations undertaken by the Electoral Review Panel in order to comply with the requirements of the Representation of the People Act 1983.

 

AGREED to adopt the recommendations arising from the review of Parliamentary Districts and Polling Places undertaken by the Electoral Review Panel, as set out in paragraph 3.6 of the report.

87.

COUNCILLORS’ QUESTION TIME (Time Allowed - 30 minutes) pdf icon PDF 150 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.”

 

Submission of urgent questions to Council requires the Member when submitting the question to specify why the issue could not have been reasonably foreseen prior to the deadline and why it has to be considered before the next meeting.  A supplementary question is not permitted.

 

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

 

The forty eight questions are attached to the agenda.

Minutes:

NOTED the forty eight questions on the Council’s agenda which had received a written reply from the relevant Cabinet Member.

88.

MEMBERSHIPS

To confirm any changes to committee memberships.  The following changes had been notified at the time of agenda dispatch:

 

(a)    Planning Committee

 

Councillor Cranfield to replace Councillor Buckland.

 

(b)    Children & Young People Scrutiny Panel

 

Councillor Cranfield to be replaced by vacancy (name to be notified)

 

(c)     Conservation Advisory Group

 

Councillor Cranfield to be replaced by vacancy (name to be notified)

 

(d)    Enfield Council Working Group on the Olympic & Paralympics Games

 

Councillor Cranfield to be replaced by vacancy (name to be notified)

Minutes:

AGREED

 

(1)    the following changes to committee memberships

 

(a)    Planning Committee – Councillor Buckland to be replaced by Councillor Cranfield

 

(b)    Children & Young People Scrutiny Panel – Councillor Cranfield to be replaced by Councillor Bakir

 

(c)    Conservation Advisory Group – Councillor Cranfield to be replaced by Councillor Buckland

 

(d)    Enfield Council Working Group on the Olympic & Paralympic Games – Councillor Cranfield to be replaced by Councillor Levy

 

(e)    Green Belt Forum - Councillor Brett and Councillor Hasan to be replaced by Councillor During and vacancy (name to be notified)

 

(2)     To note the appointments made to the following positions:

Champions

Animal Welfare & Wildlife                               Councillor Brett

Cycling                                                              Councillor Sitkin

The Arts                                                 Councillor Buckland

Road Safety                                                      Councillor Hasan

Diversity                                                            Councillor Anwar

Older People                                                    Councillor Cole

89.

NOMINATIONS TO OUTSIDE BODIES

To confirm any changes to nominations to outside bodies.

Minutes:

None received.

90.

Called in decisions

None received.

Minutes:

None received.  

91.

DATE OF NEXT MEETING

18.1    The next meeting of the Council will be held on Wednesday 25 January 2012 at 7.00 p.m. at the Civic Centre.

 

18.2Council is asked to note that a date for the Council (budget setting) meeting in February 2012 is currently being considered, as part of a process being co-ordinated across London, through London Councils.

 

Once this approach has been agreed, approval is being sought to delegate authority to the Assistant Director Corporate Governance in order to set a final date for the Council (budget setting) meeting in February 2012, in consultation with the Mayor, Leader of the Council and Leader of the Opposition Group.

Minutes:

NOTED

 

1.      The next meeting of the Council would be held on 25 January 2012 at 7.00pm at the Civic Centre.

 

2.      A date for the Council (budget setting) meeting in February 2012 was currently being considered, as part of a process being co-ordinated across London, through London Councils.

 

AGREED that subject to the outcome of 2. above, authority be delegated to the Assistant Director Corporate Governance to set a date for the Council (budget setting) meeting in consultation with the Mayor, Leader of the Council & Leader of the Opposition Group.