The Minutes of the Council meeting held on 17 October 2011 were approved as a correct record and signed by the Mayor.

Apologies for absence were received from Councillors Eric Allen, Jennifer Campbell-Klomps, Peter Geiringer and Paddy Kane.

a)            Councillor Hamish Pollock

The Mayor announced that last Wednesday, Councillor Hamish Pollock had entered into a civil partnership with Ambrosio Reyes.  He hoped that all Councillors would join with him in wishing them a happy life together.

b)           Former Councillor Lesley O’Connell

The Mayor reported that former Councillor Lesley O’Connell recently underwent major surgery.  She was currently in a convalescent home and improving daily.

c)            Remembrance Services

The Mayor reported that, on 11 November, he had joined hundreds of people in Sutton town centre to mark Armistice Day.  Reverend Sarah Mullally from St Nicholas Parish Church and the Rector of Sutton had led a moving service in Trinity Square, helped by a choir from Sutton High Junior School.   He also reported that the ceremonies across the borough were especially poignant following the theft of brass plaques from the war memorial at Carshalton.  With the help of local historian Andrew Arnold, temporary plaques had been installed which would be replaced with stone in the next few weeks.

d)           Christmas Lights Switch On

The Mayor reported that over 2,000 people had gathered in Sutton town centre to watch the Christmas lights being switched on.  He had been joined by Santa and characters from the Secombe Theatre’s pantomime to switch on the lights.  A few days later Cinderella and some Shetland ponies had also met shoppers in the High Street.

e)            Black History Month

The Mayor announced that October’s black history month had been a huge success.  Events had included film screenings, food tastings and a whole range of talks and debates to celebrate African Caribbean culture and history. Younger residents had been delighted to meet the creator of Rastamouse, Michael de Souza, who gave a series of talks at the libraries.

f)             GCSE League Tables and OFSTED Report

The Mayor reported that. at the end of October the GCSE league tables had been published which revealed that Sutton pupils had achieved the very best results in the entire country.  Furthermore, OFSTED had reported that the children’s services department was performing excellently.  Sutton was one of just 28 local authorities in the country to make that top grade.

g)           Library Visits

The Mayor also announced that Sutton’s libraries had bucked the national trend by recording a surge in visits.  Sutton Central Library had been named as one of the most popular in the UK.  In the last financial year there had been a 4.12% increase in visitors, with nearly 1.5 million visits to the nine libraries.  He noted that Sutton Central Library was the 15^th most popular library in the country.

h)           Carbon Emission Reductions

The Mayor reported that the Environment Agency had recently announced that the borough had been placed top of all 33 London Boroughs for cutting its carbon emissions.  This recognises the work in reducing power consumption, introducing energy efficient lighting and hand dryers and installing smart meters in some of our buildings.

i)             Winter Grit distribution

The Mayor reported that over 9,223 people had taken up  ...  view the full minutes text for item 1098.

Councillors to declare any personal or prejudicial interests that they have on matters to be discussed at this evening’s Council meeting.

The following declaration of interest on an item that was before the Council later that evening was made:

Councillor Heather Honour – in connection with the item on Benhill Leaseholder Charges – a personal interest as she has a relative who is a leaseholder.

Three Councillors asked questions and supplementary questions and received replies as set out in the Appendix to these Minutes.

To receive any petitions which will either be dealt with at this Council meeting or stand referred for consideration by appropriate Committees of the Council.

No petitions were presented.

Council Leaders from the six South West London Councils (Croydon, Kingston, Merton, Richmond, Sutton, Wandsworth) have agreed that a Joint Overview and Scrutiny Committee should be established to consider the South West London NHS work on “Better Services, Better Value”.  This is about the configuration of hospitals and how they work with primary care and public health. 

The membership of the proposed Joint Health Scrutiny Committee is two members from each Council.

Draft Terms of Reference for the proposed committee are being drawn up which will be subject to discussion and agreement by the prospective members at an informal planning meeting scheduled for early January followed by the first formal meeting in late January 2012.

The Health and Wellbeing Scrutiny Committee at its meeting on 17 November 2011 agreed to participate in this Joint Health Scrutiny Committee subject to final agreement and ratification of the Terms of Reference.

It is RECOMMENDED that two Councillors be appointed to serve on the proposed South West London Joint Health Scrutiny Committee until the annual meeting of the Council in May 2012. 

It was proposed that Councillors Mary Burstow and Heather Honour with Councillor Marlene Heron as substitute be appointed to serve on the South West London Joint Health Scrutiny Committee, established to the South West London NHS work on “Better Services, Better Value”.  This was about the configuration of hospitals and how they worked with primary care and public health.

Councillor Graham Whitham moved and Councillor Tim Crowley seconded a proposal that Councillor Stuart Gordon-Bullock be appointed to one of the two places available.  On being put to the vote, the proposal was lost on a show of hands.

            Resolved:  That Councillors Mary Burstow and Heather Honour with Councillor Marlene Heron as a substitute representative be appointed to serve on the South West London Joint Health Scrutiny Committee until the annual meeting of the Council in May 2012.

To appoint the following person to serve on the Local Committees indicated until the annual meeting of the Council in May 2012

Mr Terry Haswell as Community Representative for the Clockhouse Residents Association on the Carshalton and Clockhouse Local Committee.

Ms Angie Purdue (Mr Chris Honey as substitute) as the Community Representative from the Shanklin Residents Democracy on the Sutton South, Cheam and Belmont Local Committee. 

Ms Julie Monteith as the Community Representative from the Collingwood Residents’ Association on the Sutton Local Committee. 

            Resolved: That the following persons be appointed to serve on the Local Committees indicated until the annual meeting of the Council in May 2012

Mr Terry Haswell as Community Representative for the Clockhouse Residents Association on the Carshalton and Clockhouse Local Committee.

Ms Angie Purdue (Ms Chris Honey as substitute) as the Community Representative from the Shanklin Residents Democracy on the Sutton South, Cheam and Belmont Local Committee. 

Ms Julie Monteith as the Community Representative from the Collingwood Residents’ Association on the Sutton Local Committee.

The following matter was brought forward as an Urgent Item to enable a decision to be taken without undue delay as the next Council meeting was not until March 2012.

            Resolved: (i) That Councillor Bruce Glithero be replaced on the panel of Councillors who site on Development Control Committee by Councillor Richard Clifton until the annual meeting of the Council in May 2012;

            (ii)  That Councillor Richard Clifton is no longer a member of the Sustainable Scrutiny Committee.

To receive and consider the following notices of motion and recommendations of Committees.

In accordance with notice given, Councillor David Hicks will move the following Motion:

"This Council recognises the issues faced by military staff returning to civilian life, following service on behalf of the United Kingdom. In particular it is aware of the urgent need for accommodation for servicemen and women and their dependants’ families, and for on-going support for those disabled in the service of their Country.

In recognition of such need, the Council will amend its Housing Allocation Policy to give priority to housing any member of Her Majesty's armed forces, who has a historic or family link with the London Borough of Sutton.

In addition it will support any forthcoming government initiatives of provision of housing for ex-service personnel.

In accordance with notice given, Councillor David Hicks moved and Councillor Tony Shields seconded the following Motion:

"This Council recognises the issues faced by military staff returning to civilian life, following service on behalf of the United Kingdom. In particular it is aware of the urgent need for accommodation for servicemen and women and their dependants’ families, and for on-going support for those disabled in the service of their Country.

In recognition of such need, the Council will amend its Housing Allocation Policy to give priority to housing any member of Her Majesty's armed forces, who has a historic or family link with the London Borough of Sutton.

In addition it will support any forthcoming government initiatives of provision of housing for ex-service personnel.

Councillor Jayne McCoy moved and Councillor Colin Stears seconded the following amendment:

"This Council recognises the issues faced by military staff returning to civilian life, following service on behalf of the United Kingdom. In particular it is aware of the urgent need for accommodation for servicemen and women and their dependants’ families, and for on-going support for those disabled in the service of their Country.

In recognition of such need, the Council will amend its Housing Allocation Policy to give priority to housing any member of Her Majesty's armed forces, who has a historic or family link with the London Borough of Sutton.

In addition it will support any forthcoming government initiatives of provision of housing for ex-service personnel.

This council notes that as part of the Housing Strategy for England, ‘Laying the Foundations’ November 2011, the Coalition Government has announced its intention to consult on a change to the law to ensure that service personnel with urgent housing needs should receive “additional preference” in housing allocations schemes, so that they should always be at or near the top of any waiting list.

This Council therefore welcomes the consultation on this change, and recognises that, in line with current guidance from the Government, returning service personnel who may have spent significant time away from the borough but have historical or family links with Sutton before joining the Armed Forces do currently receive priority upon their return if they are in need of assistance.

This Council notes that as part of our own Housing Allocation Policy consultation currently being undertaken the principle outlined in the ‘Laying the Foundations’ consultation is supported by the Council.

This Council further notes the campaign for an Armed Forces Community Covenant to enshrine the bond between the Armed Forces and civic communities and, in recognition of the much wider issues and concerns affecting our Armed Forces, agrees to undertake discussions to develop such a Covenant for the borough.

Following debate, on being put to the vote on a show of hands, the Motion as amended was adopted.

Following investigations into discrepancies raised by a leaseholder between the “block” and “estate” percentages used to calculate the proportion of the costs of works and services, investigations had revealed that there were a number of historical differences in the percentages that were used to calculate charges across the Benhill Estate.   Details of the discrepancies found were reported. 

Following discussions at the Housing Advisory Group, it was decided that an application should be made to the Leasehold Valuation Tribunal for a ruling as to whether the percentages can be changed and, if successful, apply to the court to vary and amend each of the individual leases in question.

Councillor Stuart Gordon-Bullock addressed the Committee.  In response, an assurance was given that lease holders who faced an increase in their charges would be dealt with compassionately and allowed to pay the amount owed in instalments.

            Resolved: (i) That an application be made to the Leasehold Valuation Tribunal to approve the amending of leases based on recalculation of the block and/or estate service charge percentages where applicable, to produce an overall fairer apportionment;

(ii) To agree that, subject to a successful outcome, applications be made to the court to vary the leases accordingly.

Written notice having been received from four Conservative councillors under Standing Order 24.4, on the grounds that full Council should have a discussion and consider the issues involved, and the outcome being sought is for the relevant Scrutiny Committee to treat this as pre-determination scrutiny taking evidence from leaseholders and, thereafter, making recommendations to The Executive:-

the decisions above are:

RECOMMENDED: To full Council for consideration.

Councillor Jayne McCoy moved the reception of Minute 1006/11 on Benhill Leaseholder Charges.

Councillor Stuart Gordon-Bullock moved and Councillor David Hicks seconded the following amendment:

“Resolved: (i) That an application be made to the Leasehold Valuation Tribunal to approve the amending of leases based on recalculation of the block and/or estate service charge percentages where applicable, to produce an overall fairer apportionment;

(ii) To agree that, subject to a successful outcome, applications be made to the court to vary the leases accordingly

(iii) to agree that this Council will repay to leaseholders any monies overpaid and will not take action to secure monies underpaid by other leaseholders as a result of the miscalculation of the estate charges. The Council to make good the shortfall in the Housing Revenue Account from the Contingency Fund.

(iv) requests the Scrutiny Overview Committee to institute a post determination scrutiny. Such scrutiny to examine in detail the position of leaseholders in other Council properties and to inform itself about the scale and nature of any problems for leaseholders that require addressing and to report to the Executive as a matter of urgency.”

Following debate, on being put to the vote on a show of hands, the amendment was lost. 

The Minute was adopted.

In accordance with notice given, Councillor Stuart Gordon Bullock will move the following Motion:

This Council remains committed to meeting its health and safety responsibilities under common and criminal law.
 
It is further committed to ensuring that its work, when carried out by the contractors it employs, is carried out without risk to members of the public and to the contractor’s workers.
 
The Council is resolved to ensure that where its managers are responsible for managing or overseeing its works they should have the necessary health and safety training.
 
The Council will continue to set health and safety standards for others to emulate.

In accordance with notice given, Councillor Stuart Gordon Bullock moved and Councillor Jonathan Pritchard seconded the following Motion:

This Council remains committed to meeting its health and safety responsibilities under common and criminal law.
 
It is further committed to ensuring that its work, when carried out by the contractors it employs, is carried out without risk to members of the public and to the contractor’s workers.
 
The Council is resolved to ensure that where its managers are responsible for managing or overseeing its works they should have the necessary health and safety training.
 
The Council will continue to set health and safety standards for others to emulate.

Councillor Colin Hall moved and Councillor Richard Clifton seconded the following amendment:

This Council remains committed to meeting its health and safety responsibilities under common and criminal law.
 
It is further committed to ensuring that its work, when carried out by the contractors it employs, is carried out so far as is reasonably practicable without risk to members of the public and to the contractor’s workers.
 
The Council is resolved to ensure that where its managers are responsible for managing or overseeing its works they should have the necessary health and safety training.
 
The Council will continue to set health and safety standards for others to emulate.

“The Council will continue to implement the principles of sensible risk management, which is about practical steps to protect people from real harm and suffering.”

During the debate, Councillor Hall agreed to alter his amendment by inserting, in the last paragraph after the word “implement” the words “and promote”.

On being put to the vote on a show of hands, the Motion as amended and altered as set out below was unanimously adopted.

This Council remains committed to meeting its health and safety responsibilities under common and criminal law.
 
It is further committed to ensuring that its work, when carried out by the contractors it employs, is carried out so far as is reasonably practicable without risk to members of the public and to the contractor’s workers.
 
The Council is resolved to ensure that where its managers are responsible for managing or overseeing its works they should have the necessary health and safety training.
 
The Council will continue to set health and safety standards for others to emulate.

“The Council will continue to implement and promote the principles of sensible risk management, which is about practical steps to protect people from real harm and suffering.”

The Executive were reminded that every four years, the Electoral Registration Officer was required to review Polling Districts and Polling places in the borough.  The last review had been carried out in 2007.  Accordingly, all Councillors, Chairs of School Governing Bodies, the Borough’s MP’s and the Sutton Centre for Independent Living and Learning had been sent notice of the review.

Responses had been received from a number of headteachers across the borough and some local residents.  The Sutton Liberal Democrat Party had also submitted views, on behalf of all Liberal Democrat Councillors, suggested a number of changes to polling districts and polling places.

The report had been considered by the Community Leadership Advisory Group who had endorsed the recommendations.  Since that meeting, further suggestions in respect of polling places in Sutton South and Carshalton and Clockhouse Wards had been received. 

Details of the suggested changes received were as follows:

Stonecot Ward – To investigate the use of St. Oswald’s Church Hall instead of using Cheam Park Farm Junior School or to use the adjacent Infant’s school.  The Infants School was not suitable for use as a polling station.  The authorities at St. Oswald’s Church were amenable to their facilities being used which could accommodate three polling stations.

Cheam Ward – It had been suggested that the electorate be redistributed between the two polling stations in that ward.  On investigation, it was found that this would mean some people travelling further to reach a polling station.  It was not thought that the existing facilities were over stretched.  No changes should be made.

Sutton South Ward – Attention had been drawn to inconsistencies in polling district boundaries between HB and HC polling districts.  Proposals to address these inconsistencies were put forward.  There was also a suggestion that Christchurch Community Hall be used as a polling station instead of Devonshire Primary School.  The Church authorities had been consulted and were amenable to the use of this facility which could accommodate three polling stations. The use of accommodation at Carshalton Beeches Baptist Church instead of Barrow Hedges School had also been suggested.  These facilities were suitable and available for elections.

Belmont Ward – A suggestion had been made that the polling station at Shanklin Community Centre should be closed and electors transferred to Overton Park Pavilion.  This would involve those electors travelling a considerable extra distance which was not considered feasible.  Inconsistencies in the polling district boundary in Holland Avenue had also been highlighted which could be addressed.

St. Helier – A suggestion that the polling stations at Hill House and Sutton Arena could merge.  Suitable accommodation at Sutton Arena was available to allow this to happen.  It was also noted that, with the closure of the Glastonbury Centre, arrangements had been made for Abbey Primary School to be used instead.

Wandle Valley – The polling stations situated at The Quad Youth Centre and Middleton Circle Library were relatively close together.  It was therefore suggested that they should be merged.

The Wrythe – Concern  ...  view the full agenda text for item 1103d

Councillor Sean Brennan moved the adoption of Minute 1005/11 on the Review of Polling Districts and Polling places.

On being put to the vote on a show of hands the Minute was adopted.