Agenda and minutes

In the absence of the Mayor’s Chaplain, Reverend Bernd Koschland offered prayer.

RESOLVED - That the minutes of the meeting of the Council held on 10 September 2013 be approved.

The Worshipful the Mayor informed Council of the death of Mr John Hedge who was Deputy Mayor 1990-1991 and a former Ward Councillor for Golders Green. A minute silence was held in remembrance.

There was none.

These questions, together with the answers provided and the text of any supplementary questions and answers, are set out in Appendix 1 to these minutes.

Councillor Helena Hart moved the Administration Business Item in her name. Councillor Barry Rawlings moved his amendment. Debate ensued. Upon being put to the vote, the amendment in the name of Councillor Barry Rawlings was declared lost. Upon being put to the vote the Administration Business Item in the name of Councillor Helena Hart was declared carried.

RESOLVED - Council is appalled by the fact that the Mobile Breast Screening Unit was removed from its customary site at Finchley Memorial Hospital without any prior notice, discussion or consultation with stakeholders.

Council is adamant that such a situation cannot possibly be permitted to be repeated and welcomes the “Lessons Learned Report” requested by the Health and Wellbeing Board and the urgent  implementation of any actions recommended as a result. 

Council notes that due to the concerted efforts of both Mike Freer MP and the Chairman of the Health & Wellbeing Board, from the moment the situation became known and with the firm support of all members of the Health and Wellbeing Board and the Chairman of the Health Overview & Scrutiny committee, NHS England has been persuaded to underwrite the costs involved in returning the Mobile Unit to the FMH site from 1^st November 2013.  It has also been agreed that new Letters of Invitation are due to be sent out to all those residents of the Borough who had previously been re-directed to St. Michael’s hospital in Enfield.

Council recognises the long standing and on-going negotiations with the NHS led by Mike Freer MP and the Cabinet Member for Public Health - with the full backing of all members of the Health and Wellbeing Board and the Health Overview and Scrutiny Committee  - for the provision of a static Breast Screening Unit at FMH.

Council welcomes both the North London Breast Screening Service and NHS England’s commitment to working towards providing this static unit at Finchley Memorial Hospital and requests the Cabinet Member for Public Health, with the backing of the Chairman of the Health Overview and Scrutiny Committee, to do everything in her power to take forward these negotiations.

Councillor Alan Schneiderman moved the Opposition Business Item in his name. Councillors Dean Cohen and Brian Coleman moved their amendments. Debate ensued. Upon being put to the vote the amendment in the name of Councillor Brian Coleman was declared lost. Upon being put to the vote the amendment in the name of Councillor Dean Cohen was declared carried. Upon being put to the vote the substantive Opposition Business Item as amended by Councillor Dean Cohen was declared carried.

RESOLVED - Council notes that the new re-cycling service has started in earnest with the collection of 580 tonnes of co-mingled recycling and 140 tonnes of food waste last week, proving residents are already recycling substantially more than under the previous system.

However, Council also notes that there were delays in the delivery of some bins and that the service has been having to deal with the few teething problems which must be expected when implementing a change on this scale.

October 14^th was the single biggest day of change for waste collection that any local authority in the UK has ever undertaken.

Council believes officers should be congratulated on what has gone well, but where there were mistakes Council calls on the Cabinet Member to continue his strong leadership and press ahead to impose the financial sanctions the council is allowed to under the delivery contract with SSI Schaeffer, while in timely fashion reviewing the number of bins needed in each property so those who wish to share a bin or switch between bags and bins can do so.

Councillor Joan Scannell, duly seconded, moved under Council Procedure Rule 6.3, that the order of business relating to Agenda Item 3 be varied so that Non-Executive Business Item 3.5 be heard first.  Upon being put to the vote, the Motion was declared carried.

RESOLVED – That the order of business be varied to allow Non-Executive Business Item 3.5 to be debated and voted upon in advance of votes being taken on the other Non-Executive Business Items on the Agenda.

Councillor Brian Salinger moved the Non-Executive Business Item in his name. Upon being put to the vote the Non-Executive Business Item in the name of Councillor Brian Salinger was declared carried.

RESOLVED - Council welcomes the enactment of the Prevention of Social Housing Fraud Act 2013; legislation that makes the unlawful subletting of council owned accommodation a criminal offence.

Council notes that upwards of 100,000 council homes are being unlawfully sublet nationally, costing the taxpayer some £2 billion each year. Council further notes that there are more than 60 active cases under investigation in Barnet with a further 72 properties having been recovered in the last two and a half years.

Council firmly believes unlawful subletting to be utterly wrong, not least at a time when there is a shortage of housing – relegating those families being denied a home by this fraud to temporary accommodation, at an average cost of £18,000 per year.

Council therefore encourages anyone engaged in unlawful subletting to take advantage of the council’s present amnesty, which runs until the 15^th November 2013, and return the keys to the council.

Beyond this date, Council asks the Leader and the Cabinet Member for Housing to ensure that Barnet Homes Tenancy Fraud Team and the council’s Corporate Anti-Fraud Team (CAFT) work together to enforce the legislation, returning abused property to the available stock, recovering the taxpayer’s money and pursuing those who have conspired to deny housing to those in greatest need.

In accordance with Council Procedure Rule 23.5 the Non-Executive Business item in the name of Councillor Brian Coleman and the amendment in the name of Councillor Dean Cohen were referred directly to the next meeting of Full Council on 21 January 2014 for consideration and any necessary action.

Councillor John Marshall moved the Non-Executive Business Item in his name. In accordance with Council Procedure Rule 23.5, the item was voted on without discussion. Councillor Anne Hutton moved her amendment. Upon being put to the vote the amendment was declared lost. Upon being put to the vote the Non-Executive Business Item in the name of Councillor John Marshall was declared carried.

RESOLVED - Council condemns the NUT and NASUWT led teachers’ strike of 17^th October 2013 and regrets its impact upon pupils and parents in the Borough.

Council regrets that as a result of this strike 76 schools in Barnet and 3,500 nationally were either partially or fully closed. This meant a lost day of learning for many of our children and an emergency childcare bill of £1.2 billion for hardworking and often hard-pushed families. Council does note that 31 of our schools remained fully open and welcomes this fact.

Council expresses its concern at the unions’ threat of a national teachers’ strike before the end of the autumn term, believing that this would be damaging to the residents of Barnet. Council therefore calls upon the unions to reconsider this action.

Council further notes that the public does not support the strike action, with 70% of respondents to a recent poll opposing strike action by teachers and with more than six in ten also in favour of performance-linked pay.

Council believes that Barnet has talented and dedicated teachers and that their skill and endeavour should be reflected in their earnings. Council also believes that the Borough’s strong school system can be furthered and highlighted by the Government’s reforms.

Council therefore calls on the Cabinet Member for Education to work closely with the Borough’s schools to support them in implementing the reforms and offer what assistance the council can in keeping as many schools open in the event of a strike as possible.

Councillor Andreas Tambourides moved the Non-Executive Business Item in his name.  In accordance with Council Procedure Rule 23.5, the item was voted on without discussion.

RESOLVED - Council notes the recent visit of Members of the Council, including the Mayor and the Leader, to Barnet’s twinned town of Morphou.

Council calls on the Mayor and the Leader to write to the Foreign and Commonwealth office reporting on this visit and expressing Council’s shock at what was witnessed, including its horror at the desecration of graveyards and monuments by the Turkish occupying forces.

Through this correspondence, Council further asks Her Majesty’s Government to put pressure on Turkey to relinquish the occupied territory in the northern part of Cyprus, before the heritage of Greek Cypriot civilisation there is eradicated.

Councillor Pauline Coakley-Webb moved the Non-Executive Business item in her name. In accordance with Council Procedure Rule 23.5, the item was voted on without discussion. Councillors Brian Coleman, Joanna Tambourides and Jim Tierney moved their amendments. Upon being put to the vote the amendment in the name of Councillor Brian Coleman was declared lost. Upon being put to the vote the amendment in the name of Councillor Joanna Tambourides was declared carried. Upon being put to the vote the amendment in the name of Councillor Jim Tierney was declared lost. Upon being put to the vote the substantive Non-Executive Business item as amended by Councillor Joanna Tambourides was declared carried.

RESOLVED - Council notes that on 9th May 2013 the Government laid before Parliament The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013 which came into force on 30th May 2013 and changed the rules on high street planning without any parliamentary debate.

Council notes that the new rules mean a number of types of business will no longer have to apply for permission to convert a building for a new business use. This will make it easier for businesses to open and develop in our high streets and provide employment for our residents”.

Council is aware that there is an increase in the number of betting shops, payday lenders and pawnshops in particular local areas only, and notes that this is not a problem in most of the borough. Council also notes that this relaxation has allowed businesses to respond more easily and quickly to public demand in the high street. However, Council requests that the Cabinet Member for Planning makes representations to the DCLG to investigate ways of bringing these types of businesses under planning control, including the possibility of a new use class, so as to give more powers to local government to ensure that our local high streets are mixed and sustainable.

Councillor Alan Schneiderman moved the Non-Executive Business Item in his name. In accordance with Council Procedure Rule 23.5, the item was voted on without discussion. Councillors Brian Coleman, Dean Cohen and Kath McGuirk moved their amendments. Upon being put to the vote the amendment in the name of Councillor Brian Coleman was declared lost. Upon being put to the vote the amendment in the name of Councillor Dean Cohen was declared carried. Upon being put to the vote the amendment in the name of Councillor Kath McGuirk was declared lost. Upon being put to the vote the substantive Non-Executive Business item as amended by Councillor Dean Cohen was declared carried.

RESOLVED - Council notes that Small Business Saturday is taking place right across the country for the first time on Saturday 7th December 2013.

Council also notes Small Business Saturday, which was introduced in the UK by Shadow Business Secretary, Chuka Umunna, and is supported by the Prime Minister, is a national grass roots campaign to encourage people to shop locally and support small businesses in their communities on the day and beyond.

Council further notes that the Federation of Small Businesses (FSB) is a supporter of Small Business Saturday and wants to make sure as many small businesses as possible maximise the opportunities Small Business Saturday will create.

Council welcomes the fact that the Cabinet Member for Environment has already announced free parking across the Borough’s high streets and car parks on this date and further welcomes the Festive parking arrangements that mean free parking on each of the weekends in December prior to Christmas (7^th & 8^th, 14^th & 15^th, 21^st & 22^nd).

Council calls on Cabinet to support Small Business Saturday on 7^th December, by helping promote any local events taking place on the day and by publicising the free parking.

Councillor Alison Moore moved the Non-Executive Business Item in her name.  In accordance with Council Procedure Rule 23.5, the item was voted on without discussion. Upon being put to the vote the item was declared lost.

Councillor Barry Rawlings moved the Non-Executive Business item in his name. In accordance with Council Procedure Rule 23.5, the item was voted on without discussion. Councillor Richard Cornelius moved his amendment. Upon being put to the vote the amendment in the name of Councillor Richard Cornelius was declared carried. Upon being put to the vote the substantive Non-Executive Business item as amended by Councillor Richard Cornelius was declared carried.

RESOLVED - Council notes that the Secretary of State gives Local Authorities the power to introduce a local levy of 8.5% of the rate on large retail outlets in their area with a rateable annual value not less that £500,000 and requires that the revenue from this levy be retained by the Local Authority in order to be used to improve local communities in their areas by promoting local economic activity, local services and facilities, social and community wellbeing and environmental protection

Council notes that if this power was acquired it would present the opportunity to raise further revenue for the benefit of Barnet’s local communities, should the administration wish to use it.

Council asks Cabinet to keep the proposal in mind, whilst considering carefully the potential devastating effect it could have on Brent Cross shopping centre and the anchor stores on our high streets.

Councillor Daniel Seal moved the Non-Executive Business Item in his name.  In accordance with Council Procedure Rule 23.5, the item was voted on without discussion. Upon being put to the vote the item was declared carried.

RESOLVED - Council notes that the number of applications for basements in the Borough is increasing, and is likely to increase given pressures on space and land value; and that such development has significant implications for the Borough, in particular in respect of flooding. Council is aware that national policy in the form of the NPPF requires planning policies and decisions to take account of ground conditions and land instability, following submission by developers of adequate site investigation information.  Council is further aware that its Supplementary Planning Document: Residential Design Guidance of April 2013 requires details of soil and drainage to accompany applications for basement development and that ground water conditions at neighbouring properties should not be adversely affected by it.

Council notes that London Borough of Camden has for several years required basement development impact assessments to be submitted in accordance with a methodology set out in geological, hydrogeological and hydrological guidance for subterranean development prepared for the Borough by Arups.

Council therefore asks its Planning Service to:

Advise it on the steps required to be taken to work towards the adoption of a Council policy which more clearly gives effect to the general principle that basement proposals shall where appropriate be accompanied by basement impact assessments and that, if such assessments fail to exclude the risk of unacceptable impacts to neighbouring groundwater once appropriate mitigation measures are taken into account, planning permission should be refused; and

Confirm that pending the adoption of clearer policy on this issue, the Council will give appropriate consideration to the above general principle in relation to applications for planning permission before it.

The Worshipful the Mayor in accordance with the Constitution moved that the period for the transaction of business be extended beyond 10:00pm.

Councillor Reuben Thompstone introduced the report. Upon being put to the vote the recommendations were declared carried.

RESOLVED -

1.                  Cabinet requests full Council to note the content of this report which outlines governance arrangements and activity as it relates to the Council and partners’ safeguarding responsibilities.

2.                  That Cabinet notes the progress made in relation to safeguarding since last year.

3.                  That Cabinet requires an annual report on safeguarding to continue to be submitted to Cabinet and Council.

4.                  That Cabinet requires that safeguarding across the Council and partners continues to be strengthened through the full engagement of all providers of health services, including through the Health and Wellbeing Board.

There was none.

Councillor Joan Scannell introduced the report. Upon being put to the vote the recommendations were declared carried.

RESOLVED TO -

1.         Agree a change to the job titles of Director of People and Director of Place to Strategic Director for Communities and Strategic Director for Growth and Environment respectively.

2.         Agree in principle to a change in reporting arrangements for senior officers, such that the Chief Executive has direct line management responsibility for delivery Directors, subject to consultation with those directly involved.

3.         Recommend to Full Council, with reference to Cabinet, that changes in the Reporting lines, Article 11 and the Officer Scheme of Delegation contained within the Constitution be accepted.

Councillor Richard Cornelius introduced the report. Councillor Brian Coleman moved the amendment in his name. Upon being put to the vote the amendment in the name of Councillor Brian Coleman was declared lost. Upon being put to the vote the recommendations as set out in the report were declared carried.

RESOLVED - 

1.         That Council incorporates a statement in its annual Pay Policy Statement regarding the minimum wage rate for Council employees that will be effective from April each year.

2.         That the Pay Policy Statement for 2013/14 be amended to include such a statement that sets the Council’s minimum wage as being equal to the London Living Wage (LLW) rate of pay published in October 2013, with the increase being paid from October 2013.

3.         That the Pay Policy Statement for 2014/15 sets the Council’s minimum wage being equal to the London Living Wage (LLW) rate of pay published in October 2013.

The Worshipful the Mayor, Councillor Melvin Cohen (Chairman of the Committee) introduced the report. A separate vote was taken on Councillor Brian Coleman’s amendment to recommendation 1. Upon being put to the vote the amendment was declared lost. Upon being put to the vote the rest of the recommendations were declared carried.

RESOLVED- That Council approve the recommendations as set out in the report of the Constitution, Ethics and Probity Committee dated 21 October 2013.

CHANGES TO COMMITTEE MEMBERSHIP

RESOLVED - That the following changes to Committee membership be approved.

Pension Fund Committee

Councillor Daniel Thomas be appointed as a substitute member of the Committee.

Councillor Stephen Sowerby be appointed as a substitute member of the Committee.

Business Management Overview and Scrutiny Committee

Councillor John Hart to replace Councillor Andrew Strongolou as a member of the Committee

There was none.

From Councillor Brian Coleman to Councillor Dean Cohen the Council Representative on the North London Waste Authority

1.         Will Councillor Cohen tell the Council of the cost of the failed procurement project to the NLWA?

Response

£21 million has been spent on the procurement process over a seven year period. This figure comprises £3 million of in-house costs (e.g. staff) and £18 million of expenditure on external advisors. This figure includes work on both strategy development and outline business case development. It is noted that a significant amount of the work done by external advisors will inform future strategy development and be of long term use to the Authority. These costs need to be considered in the context of North London Waste Authority (NLWA) achieving up to £900 million of savings over the next 27 years by pursuing an alternative strategy, rather than the procurement process.

2.         Will Councillor Cohen tell the Council the salary and other payments made to the Head of Procurement since he was hired to advise the NLWA on the now failed project?

Response

Details of senior officers with remuneration between £50,000 and £150,000 per year can be found in NLWA’s audit of accounts. http://www.nlwa.gov.uk/docs/nlwa-finance-documentation/nlwa-statement-of-accounts-2012-13.pdf

The Director of Procurement’s remuneration is stated in the 2012/13 accounts as a salary of £100,000 and a £10,000 bonus.

3.         Does Councillor Cohen accept that if the Labour members of NLWA had accepted the advise of the Conservative members in the period 2006/8 the NLWA would have avoided the expensive debacle over procurement?

Response

NLWA operates as a joint arrangement of the seven North London Boroughs, decision are taken at the Authority meetings on a unanimous or majority vote basis and these are available for public record. The recent decision made by the Authority not to progress the procurement and to pursue an alternative strategy was made in the light of changes to local planning policy and that recent technical assessments have shown that the energy from waste facility at Edmonton can continue to run to at least 2025. This will result in a significant reduction in the cost of residual waste management.

4.         Does Councillor Cohen have any confidence in the NLWA Chairman Councillor Clyde Loakes (Labour, Waltham Forest)?

Response

The Chair of the North London Waste Authority is elected from the seven

North London Authorities that are members and is subject to a vote process at

the Annual General Meeting of the Authority.