Agenda and minutes

Council - Wednesday, 6th April, 2011 7.00 pm

Venue: Council Chamber

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

Items
No. Item

122.

Poetry Reading

Minutes:

The Mayor invited Myra Schneider to read her poem which is set out below:

THE RED DRESS                                                     

 

My first reaction is: I want it,

can’t wait to squeeze into

a scarlet sheath that promises

breasts round as russet apples,

a waist pinched to a pencil,

hips that know the whole dictionary

of swaying, can’t wait

to saunter down an August street

with every eye upon me.

 

But the moment I’m zipped in

I can’t breathe and the fabric

hugging my stomach without mercy

pronounces me a frump.

Besides, in the internet café,

where you can phone Tangiers

or Thailand for almost nothing

fourteen pairs of eyes

are absorbed by screens.

No one whistles when I smile

at boxes of tired mangoes

and seedy broccoli heads

outside the Greek superstore.

 

By now I’m in a fever to undo

the garment and pull it off.

And for all its flaws, for all

that it only boasts one breast,

I’m overjoyed to re-possess

my body. I remember I hate

holding in and shutting away.

What I want is a dress easy

as a plump plum oozing

juice, as a warm afternoon

in late October creeping

its ambers and cinnamons into

leaves, a dress that reasssures

there’s no need to pretend,

a dress that’s as capacious

as generosity, a dress that willingly

unbuttons and whispers in the ear:

be alive every minute of your life.

 

Myra Schneider

 

(Circling The Core  Enitharmon Press 2008)

 

123.

MAYOR'S ANNOUNCEMENTS

Minutes:

The Mayor made the following announcements:

 

1.         Awards

 

Our Planning Department and Principal Planning Officer, Sharon Davidson won this year’s London Planning Awards for Enfield Town Library.

 

Sharon is with us and I would like us all to acknowledge this fine achievement. 

 

Enfield were invited to take part in the pilot scheme for The Mayor of London’s Safer Parks Award which recognises and promotes new and existing good practice in tackling anti-social behaviour and increasing safety in London’s parks.

 

I am pleased to say that Gold and Silver awards were given to friends of Bury Lodge Gardens and Bush Hill Park after working in partnership with the Council to improve safety in London’s parks.

 

There will be an award ceremony on the 13 May at City Hall and Mayor, Boris Johnson will be presenting winners with their plaques.

 

2          Events

 

I have attended many musical evenings, science workshops for Science week, Mayor’s awards for Science, PE, Public Speaking and Choral.

 

It was with great pleasure that we were joined by all those involved in the New Year’s Day Parade, in particular, those from Artstart to receive a cheque for £3,000 for coming 5th in the Parade.

 

The first Mayor’s poetry competition culminated in the winners coming to the Parlour to hear the adjudication and announcement of winners by the celebrated poet, Mario Petrucci.  The first prize went to Christopher North for his poem ‘Photographer’ and he and his wife travelled all the way from Spain to be with us on the night.

 

Nicholas MacKinnon was the winner of the special £50 Enfield Prize for his two poems ‘Library Green’ and ‘Freezywater’.  It was a very special evening.

 

We hosted an EREC Networking event which underlined the importance of race relations in general and the contribution of the work carried out by EREC.  It also highlighted the huge contribution made by community organisations and how much their work is valued by the London Borough of Enfield.

 

3.         Rotary Evening

 

On Tuesday 12th we are inviting Enfield Rotary, Councillors and representatives from the Voluntary Sector to join together to talk about the work of the Rotary.

 

4.         Art

 

We are very fortunate to be displaying works by the renowned portrait painter, Peter Edwards and unveiling his latest work of the poet laureate, Carol Ann Duffy.

 

I would like to thank Forty Hall Banqueting who will be sponsoring a drinks reception on the night.

 

5.         Street Party

 

On the day of the Royal Wedding residents of Eastbrook House have kindly invited me to their street party to mark the event.

 

6.         Mayor’s Ball

 

Tickets are selling well for my Roaring 20s Theme Charity Spring Ball on the 30th.  It should be a great evening and if you haven’t ordered your tickets, then I wouldn’t wait around too much longer!

124.

MINUTES pdf icon PDF 53 KB

To approve, as a correct record, the minutes of the Council meeting held on 2 March 2011.

Minutes:

AGREED that the minutes of the Council meeting held on 2 March 2011 be confirmed and signed as a correct record.

125.

Apologies

Minutes:

Apologies for absence were received from Councillors Lavender, Maynard, Murphy, E Savva and Stafford. An apology for lateness was received from Councillor Deacon,

126.

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 Laban declared a personal interest in Item 14 – Councillors’ Questions (No. 43) as her bother was the Chairman of Governors at a local Free School.

 

Councillors Robert and Elaine Hayward declared prejudicial interests on Item 13 – Proposed Changes to the Council’s Constitution – Property Procedure Rules as they had an ongoing property transaction with the Council.

 

Councillor Prescott, declared a prejudicial interest on Item 15.1 – Motions as he was employed by a company with interests in the Future Jobs Fund. He left the room during the consideration of the item and did not participate in the subsequent vote.

127.

Opposition Business - Transparency and Localism pdf icon PDF 46 KB

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

 

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

Additional documents:

Minutes:

Councillor Lamprecht introduced the issues paper prepared by the Conservative Group.  He hoped that the Council would embrace the Localism agenda and take advantage of government initiatives and thereby secure the best deal for its residents.  He outlined the risks to the Council of taking an unsophisticated axe to certain services while trying to blame central government.

 

He confirmed that the purpose of this Opposition Priority Business was to seek the agreement of the Council that it will dedicate a Cabinet position to the cause of Localism and Transparency.  The Conservative opposition also supported the creation of a member-officer working group to study the Localism Bill and investigate opportunities by which services can be protected.

 

Councillor Lemonides responded on behalf of the Majority Group.  He confirmed his belief that the paper contained a number of untruths, that the Localism Bill had hidden costs and was a “Nimbies Charter”.

 

Councillor Lamprecht summed up the debate on behalf of the Conservative Group, he proposed that:

 

1.         responsibility for Localism and Transparency be allocated to an existing Cabinet portfolio.

 

2.         That the £1.9m surplus applied to capacity building in the third sector and the £2.1m of resources allocated to the Enfield Residents Priority Fund should be used to engage with the community to enhance the capacity of the community to fill the breach in service delivery.

 

3.         the creation of a member-officer working group to study the Localism Bill and investigate opportunities by which services can be protected.

Councillor Waterhouse seconded the above proposal.

 

In response to the debate, Councillor Taylor confirmed his view that the bill contained a number of significant issues in its 405 pages and it would be for the whole Cabinet to respond to the Localism agenda. He confirmed that he had no intention of implementing any of the proposals suggested by the Conservative Group.

 

The proposal was then put to the vote and lost with the following result:

 

For: 24

Against: 30

Abstained: 0

128.

Setting Up the Council's Trading Company pdf icon PDF 86 KB

To receive the report of the Director of Finance and Corporate Resources (No. 227) proposing the establishment of a Council trading company, wholly owned by the London Borough of Enfield, to commence trading in April 2011. Other vehicles, such as social enterprises, may also be established in due course, depending on the particular needs of customers and staff, and the Trading Company does not prevent that happening.

 

The recommendations set out in the report were endorsed at the Cabinet meeting held on 9 March 2011.

Minutes:

Councillor Taylor moved and Councillor Simon seconded the report of the Director of Finance and Corporate Resources (No.227) proposing the establishment of a Council trading company, wholly owned by the London Borough of Enfield, to commence trading in April 2011.  

 

During the debate, Members expressed concerns about the potential for the Council to be seen as being a shadow director and requested that a Counsel’s opinion on the issue be sought.  Councillor Taylor asked the Legal Department to clarify the issues raised and if necessary seek external opinion.  If it was not thought necessary to obtain external advice, officers would write to all members of the Council to advise them on the legal position.

 

During the debate Councillor Neville moved and Councillor Rye seconded the following amendment:

 

To add to the end of recommendation 4 “that within 6 months of the incorporation, the company will appoint a majority of Independent Directors recruited from commerce with relevant business experience.

 

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

 

For: 24

 

Against: 30

 

Abstained: 0

 

During the debate Councillor Prescott moved and Councillor Neville seconded the following amendment:

 

To add to the end of recommendation 2 “or a similar name that is acceptable to the Registrar at Companies House.”

 

This amendment was agreed by the Council.

 

Following a further debate, in accordance with paragraph 15.4 (page 4-17) of the Council procedure rules, a roll call was requested for the vote on recommendations set out in the report as amended.

 

This was put to the vote with the following result:

 

For: 30 (namely)

 

Councillors Anolue, Anwar, Bearryman, Bond, Brett, Cazimoglu, Charalambous, Cicek, Cole, Constantinides, Cranfield, During, Ekechi, Georgiou, Goddard, Hamilton, Hasan, Ibrahim, Lemonides, Levy, McGowan, Orhan, Oykener, Robinson, G Savva, Simbodyal, Simon, Sitkin, Taylor and Uzoanya.

 

Against: 24

 

Councillors Barker, Delman, East, Hall, R Hayward, E Hayward, Headley, Hurer, Joannides, Jukes, Kaye, Laban, Lamprecht, McCannah, Neville, A Pearce, D Pearce, Prescott, Rye, Smith, Vince, Waterhouse, Zetter and Zinkin.

 

Abstained: 1 (namely)

 

Councillor Buckland.

 

AGREED

 

1.         that the Council’s Trading Company be established.

 

2.         that the Trading Company is registered under the name New River Services Ltd. or a similar name that is acceptable to the Registrar at Companies House.

 

3.         that the transfer of services to the Trading Company is agreed by the Trading Company’s Board of Directors and the relevant Cabinet members, in accordance with the Council’s Scheme of Delegation.

129.

Adjournment of the meeting

Minutes:

At 9.15 pm the Mayor adjourned the meeting for a period of 10 minutes.

130.

Change of Order of Business

Minutes:

Councillor Georgiou moved and Councillor Brett seconded 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 Items 11 and 15.1 as the next items of business.

 

This was agreed by the Council.

131.

Ladderswood Place Shaping Programme: Compulsory Purchase Order and Shared Equity Option Report pdf icon PDF 61 KB

To receive the joint report of the Director of Health, Housing and Adult Social Care and the Director of Regeneration, Leisure and Culture (No. 212A) recommending that Council make the Ladderswood and New Southgate Industrial estate CPO 2011 to acquire the remaining residential and commercial leasehold interests, as a contingency should the Council fail to reach a negotiated settlement, to enable the physical regeneration of the area to commence in accordance with the project programme.

 

The recommendations set out in the report were endorsed at the Cabinet meeting held on 9 March 2011.

Additional documents:

Minutes:

Councillor Goddard moved and Councillor Lamprecht seconded the joint report of the Director of Health, Housing and Adult Social Care and the Director of Regeneration, Leisure and Culture (No. 212A) recommending that Council make the Ladderswood and New Southgate Industrial estate CPO 2011 to acquire the remaining residential and commercial leasehold interests, as a contingency should the Council fail to reach a negotiated settlement, to enable the physical regeneration of the area to commence in accordance with the project programme.

 

NOTED that the recommendations set out in the report were endorsed at the Cabinet meeting held on 9 March 2011.

 

AGREED

 

1.         to note the statement of reasons attached to this report which sets out the justification for making the Ladderswood and New Southgate Industrial estate CPO 2011.

 

2.         to note the indicative timeline for the CPO process for the Ladderswood and New Southgate Industrial Estate CPO 2011 attached to this report.

 

3.         to make the Ladderswood and New Southgate Industrial Estate CPO 2011 under section 226(1)(a) of the Town & Country Planning Act 1990 as amended by the Planning & Compulsory Purchase Act 2004 (the “1990 Act”).

 

4.         to authorise the Director of Health and Adult Social Care to take all the necessary steps consequent to the making of the Ladderswood and New Southgate Industrial Estate CPO 2011.

 

5.         to authorise the inclusion of a limited number of shared equity properties in the development as an alternative purchase option for leaseholders on the Ladderswood Estate.

132.

Motions

Minutes:

1.         Councillor Neville moved and Councillor Smith seconded, the following motion:

 

“The Council welcomes and supports the government’s proposals for ending the dependency culture which has grown, particularly under the last Labour government, to unsustainable levels and which delivers little benefit to individuals and actively discourages claimants from seeking work."

 

During the debate Councillor Lamprecht moved and Councillor Waterhouse seconded a motion that the question be now put.  This was put to the vote and lost.

 

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

 

For: 24

 

Against: 30

 

Abstained: 0

133.

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.

134.

Area Forum Review pdf icon PDF 61 KB

To receive the report of the Director of Finance and Corporate Resources (No. 228) setting out the findings of the recent review of the Council’s Area Forums. The report analyses the responses received to the consultation and sets out recommendations for consideration by Council.

 

The recommendations set out in the report were endorsed at the Cabinet meeting held on 9 March 2011.

Additional documents:

Minutes:

RECEIVED the report of the Director of Finance and Corporate Resources (No.228) setting out the findings of the recent review of the Council’s Area Forums.

 

AGREED that the following options recommended by Cabinet be approved:

 

1.         Developing Role of Area Forums – Option 3 in Table 1 of the report.

This would allow the Council to retain elements of the current format of the meeting but adding issues such as developing links with CAPEs, attendance by Enfield Homes and Youth Area Forums.

 

2.         Structure of Area Forums - Option 3 in Table 2 of the report.

This would allow retention of 3 wards per Area Forum across the Borough but would permit the clusters to be changed to reflect views received from residents and Members.

 

3.         Frequency and Location of Area Forums - Option 4 in Table 3 of the report.

This would allow the Area Forums to continue to meet 4 times a year but additional venues would be sought where practical.

 

4.         Format Including Seating and Provision of Information. Option 3 in Table 4 of the report is favoured. This provides for a change to allow information to be provided in advance. The seating would also change to a style that allows round table discussion.

135.

Enfield Residents Priority Fund - Revised Ward Allocations, Guidance and Tool Kit for Implementation (TO FOLLOW) pdf icon PDF 54 KB

To receive the report of the Director of Finance and Corporate Resources (No. 230) seeking approval of the formal guidance and tool kit for the implementation of the Enfield Residents Priority Fund and to approve the revised ward allocations reflecting the latest Indices of Multiple Deprivation figures.

Additional documents:

Minutes:

RECEIVED the report of the Director of Finance and Corporate Resources (No.230) seeking approval of the formal guidance and tool kit for the implementation of the Enfield Residents Priority Fund.

 

NOTED that the Conservative Group raised concerns about the late circulation of the report and that they were not in support of the proposed recommendations.

 

AGREED

 

1.         to note the explanation of the relevant well-being objectives underpinning the use of the power under s.2 Local Government Act 2000 to support this scheme;

 

2.         to note that delegation of functions of the authority to individual Ward Members are made in accordance with Section 236 of the Local Government Public and Involvement in Health Act 2007 (LGPIHA 2007).

 

3.         revised ward allocations based on latest IMD figures provided set out in Appendix 1 to the report.

 

4.         the guidance and toolkit set out in the report.

 

5.         to note that the project requests will be subject to change to reflect good practice and learning.

136.

EMPTY PROPERTY COMPULSORY PURCHASE ORDERS (CPO VI) pdf icon PDF 489 KB

To receive the report of Director of Health, Housing and Adult Social Care (No. 229) inviting Council to authorise Officers to make Compulsory Purchase Orders (CPOs) on three empty residential properties whose owners have proved un-responsive to attempts by Officers to bring them back into residential use. 

 

The recommendations set out in this report were endorsed at the Cabinet meeting held on 9 March 2011.

 

Minutes:

RECEIVED the report of the Director of Health, Housing and Adult Social Care (No. 229) inviting Council to authorise Officers to make Compulsory Purchase Orders (CPOs) on three empty residential properties whose owners have proved un-responsive to attempts by Officers to bring them back into residential use. 

 

AGREED

 

1.         the making ofthree 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): 11 St John’s Terrace, EN2 9AQ, 35 Kingsway, EN3 4HS,and 42 Lion Road, N9 9DW, as shown on the plans (appendices 1-3) attached to the report;

 

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

 

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

 

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

137.

Proposed Changes to the Council's Constitution- Property Procedure Rules pdf icon PDF 58 KB

To receive the report of the Director Finance and Corporate Resources (No.195A) seeking to authorise the amendment to the Constitution that in future Cabinet will approve the  making of all Compulsory Purchase Orders (CPO). 

 

The recommendations set out in the report were endorsed at the Governance Review Group meeting held on 15 February 2011.

 

Consideration of the report was deferred at the Council meeting held on 2 March 2011.  It is confirmed that all future decisions in relation to CPO’s mustbe taken by Cabinet, and not full Council.

Minutes:

RECEIVED the report of the Director of Finance and Corporate Resources (No.195A) seeking to authorise the amendment to the Constitution that in future Cabinet will approve the  making of all Compulsory Purchase Orders (CPO). 

 

AGREED

 

1.         to delegate authority to Cabinet to approve the making of all Compulsory Purchase Orders (CPO)

 

2.         to amend the wording of the Property Procedure Rules to strengthen procedures in respect of the acquisition and disposal of property as set out bold italic in Appendix 1 to the report.

138.

COUNCILLORS’ QUESTION TIME pdf icon PDF 121 KB

14.1    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.

 

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

 

The forty six questions and responses are attached to the agenda.

 

Minutes:

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

 

None received.

 

2.         Questions by Councillors

 

NOTED the forty six questions, on the Council’s agenda, which received a written reply by the relevant Cabinet Member.

139.

Motions

15.1    In the name of Councillor Neville

 

“The Council welcomes and supports the government’s proposals for ending the dependency culture which has grown, particularly under the last Labour government, to unsustainable levels and which delivers little benefit to individuals and actively discourages claimants from seeking work."

 

15.2    In the name of Councillor Taylor

 

“Council notes the current position regarding Chase Farm Hospital.”

Minutes:

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

 

In the name of Councillor Taylor

 

“Council notes the current position regarding Chase Farm Hospital.”

140.

MEMBERSHIPS

To confirm any changes to committee memberships.

Minutes:

There were no changes to committee memberships.

141.

NOMINATIONS TO OUTSIDE BODIES

To confirm any changes to nominations to outside bodies.

Minutes:

There were no changes to nominations to outside bodies.

142.

Called in decisions

None received.

Minutes:

None received.

143.

DATE OF NEXT MEETING

The next meeting of the Council will be held on 4 May 2011 at 7.00 p.m. at the Civic Centre.

Minutes:

NOTED that the next meeting of the Council was to be held on 4 May 2011 at 7.00 p.m. at the Civic Centre.

144.

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 the item of business listed on the part 2 of the agenda on the grounds that it involves 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).

Minutes:

AGREED to pass a resolution under Section 100A(4) of the Local Government Act 1972 to exclude the press and public from the meeting for the 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).

145.

Ladderswood Place Shaping Programme: Compulsory Purchase Order and Shared Equity Option Report

To receive the joint report of the Director of Health, Housing and Adult Social Care and Director of Regeneration, Leisure and Culture (No.213A) setting out the commercially sensitive information in regards to the Compulsory Purchase Order.

 

This should be read in conjunction with Report No.212A, agenda part one refers.

 

The recommendations set out in the report were endorsed at the Cabinet meeting held on 9 March 2011.

 

(This document contains exempt information as defined in Paragraph 3 (information relating to the financial or business affairs of any particular person (including the authority holding that information)) of Schedule 12A to the Local Government Act 1972 as amended).

Minutes:

NOTED

 

1.         the joint report of the Director of Health, Housing and Adult Social Care and Director of Regeneration, Leisure and Culture (No.213A) setting out the commercially sensitive information in regards to the Compulsory Purchase Order.

 

2.         that this item was considered in conjunction with Report No.212A, minute 131 refers.

 

 (Exempt information as defined in Paragraph 3 (information relating to the financial or business affairs of any particular person (including the authority holding that information)) of Schedule 12A to the Local Government Act 1972 as amended).