Agenda and minutes

To confirm the Minutes of the Meeting held on 29 November 2016 and of the Special Meeting held on 13 December 2016 (to be laid on the table half-an-hour before the meeting).

The Minutes of the Meeting held on 29 November and of the Special Meeting held on 13 December 2016 were confirmed and signed as a correct record.

To receive from members, declarations of interest in relation to any items included on the agenda for this meeting, in accordance with the Waverley Code of Local Government Conduct.

There were no declarations of interest raised under this heading.

To receive any questions from members of the public for which notice has been given in accordance with Procedure Rule 10. 

The deadline for submission of questions is 5pm on Tuesday 3 January 2017.

The Executive received the following question from Mr Michael Hyman of Farnham in accordance with Procedure Rule 10:

“In the 29 December edition of the Farnham Herald, the Chairman of the SCC-WBC Local (Transport) Committee announced that an “exciting” new proposal, backed by our MP, is about to be unveiled to solve the town’s traffic, pedestrian and air quality problems. 

However, it is evident that the traffic modelling for the new ‘solution’ does not include modelling of Crest Nicholson / Sainsbury’s East Street pedestrianisation proposals, and given that SCC cannot be claiming that they intend to implement both Crest’s and Mr Hunt’s plans separately and in isolation, this indicates that SCC Highways accept that they can no longer support or implement CNS’ impractical and discredited road scheme. 

Such a major shift in SCC’s position would require a significant redesign of the Brightwells project, and as Waverley’s existing AQAP and Local Plan are both founded upon an assumption that Crest’s scheme will be installed, I ask that you provide a definitive statement of the Executive’s position in respect of whether or not it is still your intention that Crest’s traffic/pedestrianisation proposals will be implemented.”

The response to the question which was delivered by the Leader of the Council was as follows:-

“Surrey County Council as Highway Authority has confirmed that any future town centre highway schemes for Farnham will also need to work in connection with the approved Brightwells development.  The scheme is extant and capable of implementation.”

Background Papers

Unless specified under an individual item, there are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to the reports in Part I of these minutes.

The report provides a review of the 2016/17 budget for the General Fund and the Housing Revenue Account against forecast to 31 March 2017, based on the latest information available. 

Recommendation

It is recommended that the Executive notes the report and

1.            approves the rescheduling of Development Control RTPI training budget into 2017/18 budget, as set out in paragraph 5 (i);

2.            recommends to Council to approve the rescheduling of £40,000 for Waverley Training Services classroom works into 2017/18 as set out in paragraph 17;

3.            recommends to Council to approve the rescheduling of £40,000 for Continuity works into 2017/18 as set out in paragraph 18 (i);

4.            approves the rescheduling of £12,300 for Agresso works into 2017/18 as set out in paragraph 18 (ii);

5.            approves a virement of £10,000 from the Provision for Urgent Schemes for Bus Shelter Replacement as set out in paragraph 20 (i);

6.            approves a virement of £3,400 from General Fund Capital Savings for a Vending machine for the Borough Hall as set out in paragraph 20 (ii);

7.            recommends to Council to approve a virement of £42,505 from General Fund Capital Savings for Waste and Recycling Containers as set out in paragraph 20 (iii);

8.            approves a virement of £11,000 from General Fund Capital Savings for an IT hardware upgrade for Waverley Training Services as set out in paragraph 20 (iv); and

9.            approves a virement from General Fund Capital Savings and usage of PIC funding, totalling £15,000, for the Shamley Green Parking scheme as set out in paragraph 20 (v).

The Executive considered and noted the report reviewing the 2016/17 budget for the General Fund and Housing Revenue Account against the forecast to 31 March 2017 and

RESOLVED  to approve

1.            the rescheduling of Development Control RTPI training budget into 2017/18 budget, as set out in paragraph 5 (i);

2.            the rescheduling of £12,300 for Agresso works into 2017/18, as set out in paragraph 18 (ii);

3.            a virement of £10,000 from the Provision for Urgent Schemes for Bus Shelter Replacement, as set out in paragraph 20 (i);

4.            a virement of £3,400 from General Fund Capital Savings for a Vending machine for the Borough Hall, as set out in paragraph 20 (ii);

5.            a virement of £11,000 from General Fund Capital Savings for an IT hardware upgrade for Waverley Training Services, as set out in paragraph 20 (iv);

6.            a virement from General Fund Capital Savings and usage of PIC funding, totalling £15,000, for the Shamley Green Parking scheme, as set out in paragraph 20 (v);

7.            the rescheduling of £40,000 for Waverley Training Services classroom works into 2017/18; and

8.            the rescheduling of £40,000 for Continuity works into 2017/18.

The Executive was advised that a number of projects originally planned for 2017/18 could be accelerated due to availability of savings already achieved in the 2016/17 capital programme and through the use of the urgent Schemes Provision.  These projects are as follows:-

                      i.        Bus Shelter replacement in Farnham - £10,000

                    ii.        Vending Machine purchase for the Borough Hall - £3,400

                   iii.        Waste & Recycling Container purchase - £42,505

                   iv.        Waverley Training Services IT hardware upgrade - £11,000

                    v.        Shamley Green Parking Scheme - £15,000 (£1,733 from PIC funding)

The Executive now

RECOMMENDS that

98.       approval be given to a virement of £42,505 from General Fund Capital Savings for Waste and Recycling Containers.

[Reason: to review the 2016/17 budget for the General Fund and Housing Revenue Account against the forecast to 31 March 2017]

The report invites the Executive to consider the work of the Constitution SIG that has been undertaken in terms of preparing to implement the new Overview and Scrutiny arrangements.  There are a number of recommendations for consideration.

Recommendation

It is recommended that with regard to Questions by Members at meetings,

1.         Para 11.3 should be revised to delete ‘member of a Committee or Sub-Committee’ and replace with ‘any member of the Council’ may ask the Chairman…

2.         Para 11.4 (a) should be amended so that members of the Council need to give at least 4 clear working days notice in writing, instead of 7; and

3.         Para 11.4 (b) add that the question must relate to matters ‘that are not already included on the agenda’; and

with regard to Overview and Scrutiny arrangements:-

4.         the structure of four Overview and Scrutiny Committees, as set out in Annexe 1 be agreed, along with the establishment of the informal Co-ordinating Board whose membership would consist of the Chairmen and Vice-Chairmen of the four Committees;

5.         the Terms of Reference for the Overview and Scrutiny Committees, as set out in Annexe 2, be agreed;

6.         authority be delegated to the Overview and Scrutiny Co-ordinating Board to keep the Terms of Reference under regular review and revise when necessary, subject to an annual report from each Committee to the Council to endorse any changes and amend the constitution accordingly;

7.         the four Overview and Scrutiny Committees should consist of 9 Waverley members, and that the Housing Overview and Scrutiny Committee also appoints 2 Tenants Panel Representatives as co-optees;

8.         the constitution be amended to enable additional meetings of each O and S committee to be arranged with the agreement of the Chairman and Vice-Chairman;

9.         the constitution be amended to agree the revised wording set out in the report regarding chairmanships of the Overview and Scrutiny Committees;

10.       the protocol for attendance at meetings of the Executive and Overview and Scrutiny Committees, as set out at Annexe 3, be agreed; and

11.       Special Interest Groups be deleted from the establishment, and the role of the Standards Panel be extended to include keeping the constitution under review and making recommendations for revision.

124.1  Following its last report to the Executive on 12 July 2016 recommending changes to the constitution relating to Questions by Members of the Public, the Constitution SIG met again on two occasions to look at Questions by Members and also to propose the structure for the new Overview and Scrutiny arrangements and recommend some principles about how they will operate.  The recommendations from the SIG were approved by the Executive, and are now for the Council to consider:.

Questions by Members

124.2  The SIG reviewed the section of the Constitution relating to Questions from Members and agreed that where possible it should be consistent with the changes made to the section on Questions by Members of the Public.  It therefore recommended that

1.         Para 11.3 should be revised to delete ‘member of a Committee or Sub-Committee’ and replace with ‘any member of the Council’ may ask the Chairman…

2.         Para 11.4 (a) should be amended so that members of the Council need to give at least 4 clear working days notice in writing, instead of 7;

3.         Para 11.4 (b) add that the question must relate to matters ‘that are not already included on the agenda’.

Overview and Scrutiny Arrangements

Timing

124.3  The SIG gave initial consideration to a number of areas to progress the implementation of the review.  The SIG did however agree that it was important to take time over agreeing what the new structure of Committees and arrangements should look like and so the proposed implementation would be in time for the start of the new Council year 2017/2018.  Members were keen that the role of Scrutiny Officer was recruited to straight away so that the postholder could help to advise on and shape the new arrangements.  At the last meeting, members were informed that the original recruitment exercise had been unsuccessful and officers were taking steps to readvertise the post as soon as possible with some direct targeting of the advert into relevant professional networks.

Training of Members

124.4  A suite of training events to be facilitated by South East Employers had been arranged that would help launch and deliver the necessary messages about good scrutiny and how it would best operate for Waverley.  Specific training for Chairmen and Vice-Chairmen of the Scrutiny Committees was identified as an area to be included.  It was proposed by the SIG that each training session should be open to all members and relevant officers to jointly attend.  Dates had now been finalised and all members and appropriate officers invited.

Members’ Allowances

124.5  The SIG was aware that the Members’ Allowances Scheme currently included Special Responsibility Allowances (SRAs) for the Chairman and Vice-Chairman of each Overview and Scrutiny Committee.  It was identified that consideration would need to be given to the level of SRA payable in the event that the structure of Committees changed and involved the appointment of more (or less) Chairmen and Vice-Chairmen.  Officers would include this as part of the considerations by the Independent Remuneration  ...  view the full minutes text for item 124.

The purpose of this report is to seek the support of the Executive for proposed changes to the Scheme of Delegation in relation to Environmental and Anti-social Behaviour enforcement powers to add clarity, achieve the optimum level of efficiency and ensure that all officers are appropriately and correctly authorised to act.

Recommendation

That the Executive recommends to the Council that the proposed changes to the Scheme of Delegation relating to Environmental and Anti-Social Behaviour enforcement as set out in the attached schedule, be approved.

125.1  There has been a raft of changes to legislation in the areas of Environmental and Antisocial Behaviour Enforcement over the years with the Environment Protection Act 1990, Environment Act 1999, Clean Neighbourhoods and Environment Act 2005, Refuse Disposal Amenity Act 1978, CPAA 1989, and the Anti-social Behaviour Crime and Policing Act amongst them.

125.2  The Scheme of Delegation has been amended several times to accommodate these changes in legislation. In seeking to adopt a clearer, corporate approach and engage teams across the Council in this initiative, a review of the current Scheme of Delegation has identified some inconsistencies and omissions to the scheme of delegation which need to be corrected to enable all relevant officers to participate in the initiative and drive forward the Council’s vision and priorities.

125.3  The schedule at Annexe 4 therefore proposes a comprehensive update of the Scheme of Delegation as it relates to Environmental and Anti-Social Behaviour enforcement and a simplification of the delegations by delegating most powers to the appropriate Heads of Service, who are then empowered to further delegate selected powers to their teams or individual officers as deemed appropriate and necessary. It is recommended that the attached Schedule of Anti-Social Behaviour and Environmental enforcement powers is added to the Scheme of Delegation.

RECOMMENDS that

110.       the proposed changes to the Scheme of Delegation relating to Environmental and Anti-Social Behaviour enforcement, as set out in the attached schedule, be approved.

[Reason: to update the Scheme of Delegation in line with changing legislation]

The background papers relating to the following items are as set out in the reports included in the original agenda papers.

To adopt the forward programme of decisions for Waverley Borough Council.

RESOLVED    that the Executive Forward Programme be approved, subject to the addition of Safeguarding Policy to the Community Safety portfolio, with an expected date of April 2017.

The report outlines the latest position on the 2017/2018 Budget and requests the Joint Overview and Scrutiny Committee to consider the budget proposals ahead of the final budget setting decision in February.  

Recommendation

In light of the significant budget shortfall, the Executive is asked to:

1.         continue to work with officers to identify options to balance the budget; and

2.         ask the Joint Overview and Scrutiny Committee to consider the detailed budget proposals at their January meeting and to make any suggestions to the Executive to prioritise options to balance budgets.

RESOLVED  that, in light of the significant budget shortfall, the Executive

1.         continue to work with officers to identify options to balance the budget; and

2.         ask the Joint Overview and Scrutiny Committee to consider the detailed budget proposals at their January meeting and to make any suggestions back to the Executive to prioritise options to balance budgets.

[Reason: to outline the latest position on the 2017/18 budget and refer it to the O and S Committees for consideration]

The purpose of the report is to secure the support of the Executive to proceed with the next stage of the Customer Services Review.  This will involve an evaluation of the options identified by the Foresight Customer Services Officer Group.

Recommendation

It is recommended that the Executive request the Head of Customer and Corporate Services and the officer Foresight Group to continue the review and evaluate/progress the change options specified within the body of the report.

RESOLVED  that the Head of Customer and Corporate Services and the Officer Foresight Group be requested to continue the review of customer services and evaluate/progress the change options specified within the body of the report.

[Reason: to secure the support of the Executive to proceed with the next stage of the Customer Services Review.]

British Telecom has advised the Council of 48 payphones in the Borough on which it is obliged to consult about removal. They would like to remove the payphones on the grounds that they are used infrequently and are expensive to maintain. BT also has a Universal Service Obligation to ensure there are sufficient payphones for local need.

BT’s deadline for response to the consultation is 30 January 2017. Officers have carried out a public consultation, and consulted all affected ward councillors and Town and Parish Councils. The information has been used to help inform Waverley’s response. The Council needs to produce two legal notices to send to the Secretary of State and BT; the first setting out our initial position on the removal of the payphones after the consultation (23 December) and the second with the final position (end of January).

Recommendation

It is recommended that the Executive:

1.            determines whether the attached initial position needs any amendment; and

2.            agrees that the final position be signed off by the Portfolio Holders, taking into account any outstanding representations received between 10 and 20 January, to enable the posting of the final notice by 30 January 2017.

RESOLVED that there being no amendments necessary to the initial position of the Council in response to the consultation,  the final position be signed off by the Portfolio Holders, taking into account any outstanding representations received between 10 and 20 January, to enable the posting of the final notice by 30 January 2017.

[Reason: to agree the Council’s response to the consultation about removal of BT payphones in Waverley]

The draft Calendar of Meetings for 2017/18 is attached for approval.  The Calendar takes into account the proposal that there are four Overview and Scrutiny Committees and these have been scheduled to take place at the relevant times of the Council year, as recommended as part of the review of the Overview and Scrutiny function.  The names of the Committees will be updated in the Calendar once agreed by the Council.

Provision has also been made for regular dates for the Joint Planning Committee so that members can have prior warning for when these will be convened to consider relevant planning applications.

Recommendation

It is recommended that the Calendar of Meetings for 2017/18 be approved.

RESOLVED  that the Calendar of Meetings for 2017/18 be approved.