Agenda and minutes

Council - Tuesday, 21 March 2017 10.00 am

Venue: Council Chamber, County Hall, Kingston upon Thames, Surrey KT1 2DN

Contact: Angela Guest  020 8541 9075

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Items
No. Item

11/17

APOLOGIES FOR ABSENCE

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    The Chairman to report apologies for absence.

    Additional documents:

    Minutes:

    Apologies for absence were received from Mr Townsend, Mrs Young, Mrs Coleman, Mr Brett-Warburton and Mr Page.

     

12/17

MINUTES pdf icon PDF 248 KB

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    To confirm the minutes of the meeting of the Council held on 7 February 2017.

     

    (Note: the Minutes, including the appendices, will be laid on the table half an hour before the start of the meeting).

     

    Additional documents:

    Minutes:

    The minutes of the meeting of the County Council held on 7 February 2017 were submitted, confirmed and signed.

13/17

DECLARATIONS OF INTEREST

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    All Members present are required to declare, at this point in the meeting or as soon as possible thereafter

    (i)            Any disclosable pecuniary interests and / or

    (ii)           Other interests arising under the Code of Conduct in respect of any item(s) of business being considered at this meeting

    NOTES:

    ·         Members are reminded that they must not participate in any item where they have a disclosable pecuniary interest

    ·         As well as an interest of the Member, this includes any interest, of which the Member is aware, that relates to the Member’s spouse or civil partner (or any person with whom the Member is living as a spouse or civil partner)

    ·         Members with a significant personal interest may participate in the discussion and vote on that matter unless that interest could be reasonably regarded as prejudicial.

    Additional documents:

    Minutes:

    The Chairman announced that if any Members were school governors they could take part in the debate on schools but were asked to sign a form to declare that personal interest before leaving the Chamber.

     

14/17

CHAIRMAN'S ANNOUNCEMENTS

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    The Chairman to report.

    Additional documents:

    Minutes:

    The Chairman made the following announcements:

     

    • She had attended the official opening of the Innovation for Health Learning Laboratory at Surrey University, which was a centre of excellence.
    • The Earl of Wessex visited three projects in Surrey and the Chairman attended one of those: the GASP Motor Project in Leatherhead.
    • The celebration of 90 years of the Surrey Playing Fields.
    • The County Chief Scouts Gold Award Presentation in Ashtead.
    • The Queen’s Award for Voluntary Service reception at Loseley.  Many volunteers had been nominated but the winners were not known yet.
    • The Commonwealth flag raising ceremony & WWI commemorative act.
    • The investiture of British Empire Medals which was inspirational in the stories of those receiving BEMs.
    • Lord-Lieutenant of Surrey's 2016 Poppy Appeal Cadet competition presentation night.  Many thousands of pounds had been raised by these young people.
    • Turf cutting at Lindon Farm near Cranleigh, which will be the site for a centre of excellence for young people with learning disabilities.

     

    • The Vice-Chairman attended the Official opening of Send CofE Primary School new Key Stage 2 building (for years 3 to 6).

     

    Finally she paid tribute to the many Members who were not standing in the forthcoming election and had served on the Council for many years.  She wished them all success for the future.

     

15/17

LEADER'S STATEMENT pdf icon PDF 187 KB

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    The Leader to make a statement.

     

    There will be an opportunity for Members to ask questions.

     

    Additional documents:

    Minutes:

    The Leader made a detailed statement. A copy of the statement is attached as Appendix A.

     

    Members raised the following topics:

     

    ·         Whether there would be a referendum next year if the Government didn’t come through with the Business Rate pilot.

    ·         Clarification on what had happened in between the Cabinet decision for a 15% rise in Council Tax and one week later when the Council agreed a 5% rise.

     

16/17

MEMBERS' QUESTION TIME pdf icon PDF 273 KB

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    1.    The Leader of the Council or the appropriate Member of the Cabinet or the Chairman of a Committee to answer any questions on any matter relating to the powers and duties of the County Council, or which affects the county.

     

    (Note:  Notice of questions in respect of the above item on the agenda must be given in writing, preferably by e-mail, to Angela Guest in Democratic Services by 12 noon on Wednesday 15 March 2017).

     

    2.    Cabinet Member Briefings on their portfolios

     

    These will be circulated by email to all Members prior to the County Council meeting, together with the Members’ questions and responses.

     

    There will be an opportunity for Members to ask questions.

     

    Additional documents:

    Minutes:

    Notice of 21 questions had been received. The questions and replies are attached as Appendix B.

     

    A number of supplementary questions were asked and a summary of the main points is set out below:

     

    (Q2) Mrs Barton asked if the Council should be taking a £30m risk, to which the Leader responded that a full response would be available at Cabinet next week if Mrs Barton cared to attend.

     

    (Q3) Mr Beckett asked if the Cabinet Member for Highways, Transport and Flooding agreed that the fear of crime was still prevalent even if not a crime.  The Cabinet Member responded that the police, safer neighbourhood teams and borough councils were working closely on fear of crime and where the fear was real it would be reacted to appropriately.

     

    (Q5) Mr Sydney did not feel that his question had been answered and asked if his successor could be given a proper response.  The Cabinet Member for Localities and Community Wellbeing responded that he felt a full answer had been given and referred Mr Sydney to the Cabinet Member briefing.

     

    (Q6) Mrs Watson asked if the Leader agreed that Members should have a copy of the CIPFA report before making a decision on the budget, to which he reiterated that the report was to be issued later today.

     

    (Q7) Mrs White asked why Surrey lagged behind other authorities in the amount of additional funding it was to receive.  The Cabinet Member for Adult Social Care, Wellbeing and Independence responded that the calculation was decided by the Minister and was linked to Council Tax.

     

    (Q9) Mr Cooksey asked where the money would be found for extending the Alt contract by six months and would full consultation take place with residents of Mole Valley?  Mr Hall asked if the Cabinet Member would agree that the contract would be welcomed and in the summer all would have better chance of coming up with clear proposals. Mrs Saliagopoulos asked about a rumour of the closure of the Jarvis Centre in Guildford and asked for her comment on the users of the Blanche Herriott unit being spread across other areas when that closes.  The Cabinet Member responded that much consultation had taken place during the commissioning of the contract and agreed with Mr Hall’s comment.  She had no knowledge of the position of the Jarvis Centre but would find out.

     

    (Q10) Mr Orrick asked if the Leader would make a statement against hate crime and agree that all employees were wanted regardless of where they came from.  The Leader agreed.

     

    (Q12) Mr Essex asked if the local repair budget was to remain the same and asked why there were differences to resurfacing budgets between the boroughs.  The Cabinet Member for Highways, Transport and Flooding explained that the amount of deterioration was key to the amount of money spent and that the local committees were to be involved in the decision on the repair budget.

     

    (Q13) Mr Essex asked why Members were not shown the CIPFA report earlier.  ...  view the full minutes text for item 16/17

17/17

STATEMENTS BY MEMBERS

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    Any Member may make a statement at the meeting on a local issue of current or future concern.

     

    (Note:  Notice of statements must be given in writing, preferably by e-mail, to Angela Guest in Democratic Services by 12 noon on Monday 20 March 2017).

     

    Additional documents:

    Minutes:

    A statement was made by Mr Alan Young in relation to the Surrey Young Musician of the Year Award.

18/17

ORIGINAL MOTIONS

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    Additional documents:

    Minutes:

    URGENT MOTION

     

    Under Standing Order 11.8 the Chairman had accepted an urgent motion which the Council agreed to debate.

     

    Under Standing Order 12.1, Mrs Hazel Watson moved the motion which was:

     

    ‘That this Council has no confidence in the Leader of the Council.’

     

    Mrs Watson made the following points:

     

    ·         That the credibility of the Council had been undermined by the recent media leaks which was  a distraction for the Council.

    ·         That the Leader had not provided a well thought out budget.

    ·         That senior Members were puppets for supporting the Leader.

    ·         Opposition councillors had voted against the budget as full information was not available to make an informed decision.

    ·         That the Leader was working for partisan Conservative benefits and not for residents and should resign.

     

    The motion was formally seconded by Mr Forster who made the following points:

     

    ·         Lobbying for a better deal for Surrey should have been applauded but the way in which it was done has brought the Council into disrepute.

    ·         Other council leaders were also saying that the Leader should stand down from the LGA and the chairmanship of the LGA Conservative Group.

    ·         There was a need for a fresh start with a new Leader.

     

    Fifteen Members spoke on the motion and made the following points:

     

    • The work that the Leader had undertaken in getting adult social care up the agenda was recognised and to ask him to step down now meant that what he had done was wrong – the vote of no confidence should take place on 4 May.
    • Several Members questioned the timing of this motion, as it was the last council meeting before the election, and thought that the vote should rest with the residents.
    • The referendum could not be won and therefore the Leader had caused weeks of concern for residents expecting a 15% rise in Council Tax.
    • There had been a lack of transparency.
    • There was a challenge to the Surrey Advertiser to print the Leaders’ letters, written to the Secretary of State, the Chancellor of the Exchequer and the Prime Minister, in full.
    • Several Members from all sides of the Council spoke of the hard work and good leadership of the Leader.
    • There was too much secrecy and a call for more openness and transparency was made.
    • The motion gained no benefit to residents.
    • The vote for Leader was unopposed at the recent Conservative group meeting.
    • That the motion should be aimed at the whole Cabinet and not just the Leader.

     

    Under Standing Order 23.1 Mrs Hammond moved ‘that the question be now put’.  Under Standing Order 23.2 twenty Members stood in support for this procedural motion.

     

    Under Standing Order 28.1 Mrs Watson requested a recorded vote, which was supported by seven of the required ten Members, and therefore was not carried.

     

    The urgent motion was put to the vote, with 8 Members voting for and 47 voting against.  There were 12 abstentions.

     

    Therefore, the motion was lost.

     

     

    Item 8a

     

    Under Standing Order 12.3 the Council agreed to debate this motion.  ...  view the full minutes text for item 18/17

19/17

SURREY COUNTY COUNCIL PROGRESS REPORT pdf icon PDF 146 KB

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    To consider the report and matters which the Chief Executive draws to attention.

     

    Additional documents:

    Minutes:

    The Leader presented the Surrey County Council Progress Report, the fifteenth of the Chief Executive’s reports to Members. He said that included in the report were some outstanding examples of Surrey County Council achievements where the Council had listened and delivered.

     

    Members made the following comments:

     

    ·         That wellbeing of residents was extremely important and impossible to provide without the officers.

    ·         Thanks was given to all staff for their hard work, loyalty and dedication.

    ·         There was a call for more engagement of Members with Children and Young Peoples service.

    ·         That the balance of the report should be more towards the budget challenges.

    ·         That lobbying had raised £41m extra funding over the last four years.

    ·         The report indicated positive change and transformation of services with partners.

     

    RESOLVED:

     

    (1)     That the report of the Chief Executive be noted.

     

    (2)     That the staff of the Council be thanked for the progress made during the last six months.

     

    (3)     That the support for the direction of travel be confirmed.

     

20/17

ELECTED MEMBER DEVELOPMENT STRATEGY pdf icon PDF 55 KB

21/17

REPORT FROM PEOPLE PERFORMANCE AND DEVELOPMENT COMMITTEE - OFFICER CODE OF CONDUCT POLICY pdf icon PDF 128 KB

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    This report seeks approval for changes to the Officer Code of Conduct Policy which introduces the concept of ethics and strengthens references to the Council’s value statements which reflect the importance of the principles of public life.

     

    Additional documents:

    Minutes:

    The Leader of the Council introduced the report which suggested changes to the Officer code of conduct.

     

    RESOLVED:

     

    That the Officer Code of Conduct be agreed.

     

22/17

REPORT FROM SURREY PENSION FUND COMMITTEE - LOCAL GOVERNMENT PENSION SCHEME ASSET POOLING pdf icon PDF 172 KB

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    The recently published Local Government Pension Scheme (LGPS) asset pooling consultation has set out a vision for each administering authority of the LGPS to commit to a national pool. The Surrey Pension Fund was instrumental in setting up the Border to Coast Pensions Partnership (BCCP) and submitted a proposal to Government on 15 July 2016, proposing a countrywide pooling arrangement and consisting of 12 administering authorities. This report makes the case for Surrey County Council to officially endorse the Border to Coast pool and create a Joint Committee and Shareholder Board for the purpose of delegating authority for the running of the pool to the Joint Committee and the Shareholder Board, and setting out the administrative issues that need to be considered.

     

    Additional documents:

    Minutes:

    The Cabinet Member for Business Services and Resident Experience introduced the report which set out the proposed case for Border to Coast Pension Pool including the Inter Authority Agreement, Articles of Association and Governance documents.  She thanked the Surrey Pension Fund Committee Members and Officers for all their hard work on this.  She thanked the Members of the Scrutiny Board who were looking at the Environmental, Social and Governance (ESG) Policy.

     

    Members made the following comments:

     

    ·         Asset management would be the role of the pool and the actuary role would remain with the Council.  Discussion had taken place regarding having a pension member as an observer on the committee and further detail had been requested.  There was also some work taking place to look at how to work with other pension boards.

    ·         The Leader thanked the Cabinet Member for the work she had done for pensioners in relation to increasing the size of the pension fund enormously since she had chaired the Pension Committee. 

    ·         Nothing of what is on the table will affect the benefits to any member of the pension plan.

    ·         Guidance was expected from the Scheme Advisory Board regarding non-voting member representation on the committee.

     

    RESOLVED:

     

    1.    That the Border to Coast Pension Pool (BCPP) be approved as the County Council’s pooling option to provide compliance with the legislation that mandates pooling

     

    2.    That the acquisition by the Council, as Administering Authority of the Surrey Pension Fund, of one share in the Border to Coast Pensions Partnership Limited be approved and that the Chairman of the Pension Fund Committee (or Vice Chairman in their absence) be nominated to attend any meetings of the BCPP Shareholder Board on behalf of the Council.

     

    3.    That the creation of the BCPP Joint Committee be approved and that the Chairman of the Pension Fund Committee (or Vice Chairman in their absence) be nominated to attend on behalf of the Council.

     

    4.    That authority be delegated to the Director of Finance and the Monitoring Officer in consultation with the Chairman of the Pension Fund Committee to update the Council’s Constitution to reflect the above approvals and to approve for execution by the Council the final versions of any documents necessary to put these decisions into effect.

     

    5.    That the revised Pension Fund Committee Terms of Reference functions as set out within the Constitution be approved with the following addition: “Receive minutes and consider recommendations from and ensure the effective performance of the Joint Committee of the Border to Coast Pensions Pool and any other relevant bodies”.

     

23/17

AMENDMENTS TO THE CONSTITUTION - SCHEME OF DELEGATION - PUBLIC CONSULTATION pdf icon PDF 145 KB

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    This report requests that Council notes the updates to the Scheme of Delegation as agreed by the Leader. The Leader is responsible for maintaining a list in Part 3 of the Constitution setting out who will exercise executive functions.  Any changes to this list are required to be reported to the next appropriate meeting of the County Council.

     

    Additional documents:

    Minutes:

    The Leader introduced the report.

     

    Members made the following comments:

     

    ·         If consultation on service delivery changes is delegated to officers then that could cut out scrutiny.  Will proposals go to scrutiny in other ways and will there be notification on the Council’s website when consultations are taking place?  The Leader responded that there would always be those opportunities.

     

    RESOLVED:

     

    The amendments to the Scheme of Delegation as agreed by the Leader were noted.

     

24/17

REPORT FROM THE WELLBEING AND HEALTH SCRUTINY BOARD pdf icon PDF 228 KB

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    This briefing describes the changes to the environment in which the Wellbeing and Health Scrutiny Board (WHSB) has worked during the four year lifetime of this Council; and sets out the likely future priorities for its successor.

     

    Additional documents:

    Minutes:

    The Chairman of the Wellbeing and Health Scrutiny Board introduced the report, which was a legislative requirement, and set out the work of the Board over the last four years. 

     

    RESOLVED:

     

    That the report be noted.

     

25/17

REVIEW OF STANDING ORDERS - REPORT OF THE CONSTITUTION REVIEW GROUP pdf icon PDF 53 KB

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    This report seeks approval for amendments to Standing Orders.

    Additional documents:

    Minutes:

    The Chairman of the Constitution Review Group introduced the report which suggested changes to the Constitution in order to ensure that it is up-to-date, consistent and easy to follow. A paper was tabled suggesting further amendments to the annex of the submitted report and is attached as Appendix D.

     

    Members made the following comments:

    • That amendments to motions should be presented to Members in advance as by hiding them just compounds secrecy and is not good for decision making.
    • That further amendments to this report should be brought back to the Annual Council Meeting, rather than dealt with at this meeting.
    • One  Member stated that it seemed unfair that if there were more than one amendment on the same motion and the first one carried then the second amendment would not even be known or discussed.  The Chairman explained that amendments were taken in the order presented.
    • It is not a good idea to make amendments during a debate like this and should be reviewed by the Group.
    • The tabled proposals are the result of much difficult work and should be accepted with any further suggested amendments being looked at further and brought to a future Council meeting.

     

    RESOLVED:

     

    1.    That the amendments to Standing Orders, as set out in the annex to the report, be approved for implementation from May 2017.

     

    2.    That the tabled paper on further amendments be brought to the Council Annual Meeting.

     

26/17

Minutes of Cabinet Meetings pdf icon PDF 4 KB

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    Minutes from the meetings held on 31 January 2017 and 28 February 2017.  Any matters within the minutes of the Cabinet’s meetings may be the subject of questions and statements by Members upon notice being given to Angela Guest in Democratic Services  by 12 noon on Monday 20 March 2017.

     

     

    Additional documents:

    Minutes:

    No notification had been received by the deadline from Members wishing to raise a question or make a statement on any matters in the minutes.