Agenda and minutes

Council
Tuesday 17 July 2018 7:30 pm

You can view the individual reports for this meeting by selecting the headings from the numbered list of items at the bottom of this page. Alternatively you can view the entire agenda by selecting 'Agenda Reports Pack' below.

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Venue: The Guildhall, Kingston upon Thames, KT1 1EU

Contact: Jean Cousens tel. 020 8547 5023  e-mail:  jean.cousens@kingston.gov.uk

Items
No. Item

19.

Apologies

Minutes:

Apologies for absence were received on behalf of Councillors Stephanie Archer and Rebekah Moll (on maternity leave) and Councillors Sharon Young and Sharron Sumner.

20.

Declarations of Interest

Members are invited to declare any disclosable pecuniary interests and any other non- pecuniary interests (personal interests) relevant to items on this agenda.

 

Minutes:

Councillor Liz Green declared a personal interest in the item ‘Petition: ‘Grand Avenue School Parents Association say No to School Cuts’’ (at Appendix A of the agenda) - ref. Minute item 23 below.

 

Reason: Councillor Green has a child at Grand Avenue Primary School.

 

[Councillor Green did not participate in the decision-making on this item and withdrew from the Chamber during its consideration.]

21.

Minutes

To confirm as a correct record the minutes of the meeting of the Annual Council meeting held on 22 May 2018.

Minutes:

Resolved that the minutes of Annual Council held on 22 May 2018 be approved as a correct record of the meeting.

 

 

22.

Mayor's Announcements

Minutes:

1.            The Mayor announced that he had chosen three charities to support during his term in office: Kingston Samaritans, Kingston Race & Equalities Council and Creative Youth.  Full details of the first fundraising event would follow shortly. 

 

2.            The Mayor asked Members to note the following forthcoming events in their diaries:

 

a) the Annual Cricket Match between Kingston Race & Equalities Council and RBK on Saturday 21 July at 1pm in Victoria Park, Balaclava Road, Surbiton.

 

b) the 18th Kingston Carnival to take place in Kingston Town Centre on Sunday 2 September 12noon - 7pm.

 

c) the Retiring Mayor's Dinner for Julie Pickering on Friday 14 September at Warren House at 7.30pm.

 

d) the Annual Civic Service to mark the beginning of the new year for the Crown Court (and Procession)  on Monday 24 September at 11am. 

 

3.            The Mayor would be contacting representatives of different faith communities in the borough as his chaplains for the year.

23.

Petitions pdf icon PDF 107 KB

(1)          To receive any petitions – members of the Council or a member of the public may present a petition to the Council on a matter in relation to which the Council has powers, duties or which affects the Royal Borough.

 

(2)          To debate the petitions referred to in the report at Appendix A of the agenda   - under the Council’s Petition Scheme, petitions with more than 500 signatures will be debated by the full Council (if possible, at the next ordinary Council meeting after submission).

 

 

Minutes:

There were no new petitions submitted at the meeting by Councillors or members of the public.

 

A petition entitled ‘Grand Avenue School Parents Association say No to School Cuts’ had been presented at the Adults and Children’s Committee on 22 March 2018 and, having received over 500 signatures, was brought to full Council for debate.  The petition which had received 626 eligible signatures requested:

 

We the undersigned petition the Council to 1. Fully consult with headteachers and respect the decisions they make. 2. Not further reduce our school budget.  We, the undersigned, are opposed to the proposed cuts to the school budgets in The Royal Borough of Kingston upon Thames. Our school, Grand Avenue Primary and Nursery School, will suffer if these cuts are made.  The school has worked hard to maintain its high standards even with the current restricted funding. Last financial year, £17,189 was taken from our school budget and Kingston Council are requesting a budget cut of up to £61,408 this financial year.  Staff have worked hard to find savings where possible and we are at a point where savings of this scale are impossible without a reduction in staff and/or schooling hours.”

 

The petition was presented to the Council by one of the petition organisers, Ms Amrit Bansal.

 

The Council considered the petition with reference to a report by the Joint Director of Children’s Services at Appendix A of the agenda. The report set out the context of the difficult decisions which had had to be made in order to set a balanced Schools Budget for 2018/19 due to the increasing costs of demand-led high need services for children with Special Educational Needs and Disabilities.  Following consideration of the challenging funding position and the options available to enable the Council to set a balanced Schools Budget, an application had been submitted to the Secretary of State to disapply the rule that prohibits a movement of more than 0.5% away from the Schools Block (which provides the delegated budgets for individual schools) in order to transfer funding on a one-off basis to budgets used to fund Kingston pupils with Education Health and Care Plans (EHCPs).  (The Kingston Schools Forum had supported a transfer of no more than £300k from the Schools Block.). 

 

This application had instigated detailed discussions between the Council and the Department of Education which resulted in a one-off advance of £3m of Dedicated Schools Grant funding from the Government to the local authority, and Government permission to transfer £1.3m (one-off) to fund pupils with EHCPs.    The Adults and Children’s Committee at its meeting in March 2018 had agreed the Schools Budget on this basis. 

 

The report provided details of the specific finances for Grand Avenue School, including that the funding for the school had increased by £39,000 in 2018/19 (when compared to 2017/18), representing an increase in per pupil funding of 1.97% and that the school currently held £316,529 in reserves.

 

Following the Council debate, Councillor Diane White (Portfolio Holder for Children’s Services)  ...  view the full minutes text for item 23.

24.

Response to 'Homes for the Many' Motion and Petition pdf icon PDF 133 KB

To consider the report at Appendix B of the agenda responding to the ‘Council Homes for the Many’ Motion agreed by Council at its meeting on 17 April 2018 and to consider a response to the ‘Cambridge Road Estate Homes for the Many’ petition submitted at the same meeting.

Minutes:

With reference to a report at Appendix B of the agenda, the Council considered a report of the Director of Growth responding to (a) the resolutions arising from a Motion relating to ‘Council Homes for the Many’ at the Council meeting on 17 April 2018 and (b) a petition which had been submitted to Council at the same meeting which had requested:

 

"We the undersigned petition the Council to confirm to the residents of Cambridge Road Estate that the estate regeneration proposals will include:

-       an increase in the number of council homes to 1000 from the 653 (originally 832) currently planned for;

-       a residents’ ballot on the final regeneration proposal;

-       an increase in social housing to 50% of the whole of the regenerated development;

-       keeping tenants’ rents at the basic government-set rent level;

-       building new resident facilities at the heart of the estate including a community centre, GP surgery and local shops."

 

The petition which had received over 500 signatures was presented to the Council by one of its organisers, Mr Phil Bevin.

 

The Officer’s report explained that it was a key priority of the Council to ensure that residents and the local community are at the heart of the regeneration of Cambridge Road Estate (CRE) both now and in the future.  The Council has made a commitment to re-provide all existing social rented homes on Cambridge Road Estate and to ensure that all leaseholders that wish to stay on the estate are able to do so.

 

The Council has also made a commitment that all existing secure council tenants on CRE will have the option of the same secure lifetime Council tenancies in the future whether they choose to stay on CRE or move to another Kingston Council property.

 

Although there is no requirement for a formal ballot to be undertaken at Cambridge Road Estate as the Council is already in contract with the Greater London Authority (GLA), the Council does intend to carry out a voluntary ballot.   It is the Council’s intention to achieve 50% affordable housing on the redeveloped estate and it is actively pursuing funding to enable that to happen.  The provision of new housing for affordable and market sale on Cambridge Road Estate will help the Council to increase the delivery of much needed new housing across the borough.

 

Resolved that

1.            Having debated the petition set out in paragraph 4 of the report at Appendix B in the light of the information provided by Officers in the report, the response to the petition will be:

(a) the Council's resolutions from its last meeting (ref paragraph 2 of this report) and

(b) the actions being taken and intended to be taken in relation to a voluntary ballot (ref. paragraphs 20-23 and 35-38 of the report) and that the lead petitioner is sent written confirmation of this outcome of the debate;

2.            the Council notes the actions being taken to assess the requirements for a voluntary ballot; and

3.            the Council  ...  view the full minutes text for item 24.

25.

Motion: Votes at 16

In accordance with Standing Order No 8(A)(3) and (6), the following Motion has been submitted by the Administration – to be moved and seconded without comment and stand referred without discussion to the appropriate Committee.

 

Proposed by Councillor Sam Foulder-Hughes

Seconded by Councillor Chris Stuart

 

Liberal Democrat Motion: Votes at 16

 

This Council supports:

 

  1. the extension of the electoral franchise to citizens aged 16 and over as a natural and just equalisation of voting rights to match personal responsibilities;
  2. the need for greater engagement with young people, leading to greater involvement of young people in the decisions that affect their community;
  3. meaningful discussion on the extension of the franchise to 16 an 17 year olds to involve civic democratic education in schools;
  4. the ongoing ‘Votes at 16’ campaign by the British Youth Council and the UK Youth Parliament to lower the voting age to 16; and
  5. a united democracy across the United Kingston and calls for the extension of the franchise to 16 and 17 year olds in local government and devolved elections in England, as seen in Scotland and Wales.

 

This Council resolves:

 

  1. for the Leader of the Council to write to the British Youth Council; the local Members of Parliament and the Mayor of London stating our support for the Votes at 16 campaign;
  2. for the Leader of the Council to write to the Prime Minister and the Minister for Cabinet Office to consider extending the voting age to 16 and 17 year olds for local government and devolved elections and referendum in England and to review the wider franchise for all elections and referendums in the UK; and
  3. work with Kingston Youth Council for greater engagement with local young people in the decisions that affect their community.

 

Minutes:

(1)     In accordance with Standing Order No 8(A)(3) and (6), the following Motion was submitted by the Administration, to stand referred without discussion to the appropriate Committee:

“Liberal Democrat Motion: Votes at 16

“This Council supports:

    i.          the extension of the electoral franchise to citizens aged 16 and over as a natural and just equalisation of voting rights to match personal responsibilities;

   ii.          the need for greater engagement with young people, leading to greater involvement of young people in the decisions that affect their community;

 iii.          meaningful discussion on the extension of the franchise to 16 an 17 year olds to involve civic democratic education in schools;

 iv.          the ongoing ‘Votes at 16’ campaign by the British Youth Council and the UK Youth Parliament to lower the voting age to 16; and

   v.          a united democracy across the United Kingston and calls for the extension of the franchise to 16 and 17 year olds in local government and devolved elections in England, as seen in Scotland and Wales.

“This Council resolves:

      i.        for the Leader of the Council to write to the British Youth Council; the local Members of Parliament and the Mayor of London stating our support for the Votes at 16 campaign;

    ii.        for the Leader of the Council to write to the Prime Minister and the Minister for Cabinet Office to consider extending the voting age to 16 and 17 year olds for local government and devolved elections and referendum in England and to review the wider franchise for all elections and referendums in the UK; and

   iii.        work with Kingston Youth Council for greater engagement with local young people in the decisions that affect their community.”

 

(2)     The Council agreed to refer the Motion (which was moved by Councillor Sam Foulder-Hughes and seconded by Councillor Christine Stuart) to the Community Engagement Committee for debate.

 

Voting - unanimous

26.

Motion: Reducing Plastic Waste

In accordance with Standing Order No 8(A)(5), the Council will debate a motion which has been submitted by Members of the Council.

 

This will alternate, from meeting to meeting, between a motion submitted on behalf of the Administration and a motion submitted on behalf of Opposition Members of the Council. (At least one of the Opposition Motions per municipal year will be a motion submitted by the minority Opposition Group, should it so wish.)  The following Motion has been received from the Administration:

 

Proposed by Councillor Liz Green

Seconded by Councillor Hilary Gander

 

Liberal Democrat Motion: Reducing Plastic Waste

 

This Council notes with concern:

 

  1. 300 million tons of new plastic is made each year, half of which is for single use plastic such as packaging and convenience foods.  In many cases, such as plastic straws, takeaway food containers and coffee cups, there are practical alternatives available that are either reusable or sustainable;
  2. In 2016, the Ellen MacArthur Foundation estimated that by weight, there could be more plastic in our oceans than fish, as soon as 2050.  As plastics are durable and strong they will stay in our environment for up to an estimated 600 years; (Columbia University) and
  3. Marine plastic leads to coastal /offshore dead zones, entanglement, death through ingestion, toxic transfer and, once degraded into micro plastics, contamination of the food chain – including our own.  We are quite literally eating the plastic that has ended up in our seas.

 

This Council welcomes:

 

  1. The significant increase in recycling achieved in the Borough in the last decade, through improvements to doorstep recycling; and
  2. The success of the ‘Plastic Bag Levy’, introduced by the 2010-15 Coalition Government, which has led to an 85% reduction in disposable plastic bag usage.

 

This Council commits to Kingston playing its full role in helping to reduce plastic waste, specifically:

 

     i.        Council will undertake an audit, within existing resources, of single use plastics used by the Authority and seek to replace with sustainable or reusable alternatives where practicable;

    ii.        Council will play its role in helping to educate members of the public about plastic waste, specifically by including information for members on the public on reducing plastic waste in both online and written materials;

   iii.        Work with South London Waste Partnership to work towards increasing the amount of plastic that can be recycled throughout the borough;

  iv.        To write to both our members of Parliament and the European Parliament and to the Secretary of State for Environment, Food and Rural Affairs, urging them to consider legislation and regulations which will reduce the amount of single use plastic used by society;

    v.        To use the links we have with businesses in Kingston to encourage them to reduce the amount of plastic waste produced and specifically to write to each of our major supermarkets asking them to consider introducing a ‘plastic free aisle’ in their Kingston store(s) on a trial basis;

  vi.        Provide public drinking fountains across Kingston Borough and encourage a culture of refillable bottles,  ...  view the full agenda text for item 26.

Minutes:

(1)          In accordance with Standing Order No 8(A)(5), the Council debated the following motion, which had been submitted by the Administration, with reference to Background Briefing Notes which had been circulated prior to the meeting:

 

The Motion was proposed by Councillor Liz Green and seconded by Councillor Hilary Gander.

 

Liberal Democrat Motion: Reducing Plastic Waste

 

(a)  This Council notes with concern:

                 i.          300 million tons of new plastic is made each year, half of which is for single use plastic such as packaging and convenience foods.  In many cases, such as plastic straws, takeaway food containers and coffee cups, there are practical alternatives available that are either reusable or sustainable;

               ii.          In 2016, the Ellen MacArthur Foundation estimated that by weight, there could be more plastic in our oceans than fish, as soon as 2050.  As plastics are durable and strong they will stay in our environment for up to an estimated 600 years; (Columbia University) and

              iii.          Marine plastic leads to coastal /offshore dead zones, entanglement, death through ingestion, toxic transfer and, once degraded into micro plastics, contamination of the food chain – including our own.  We are quite literally eating the plastic that has ended up in our seas.

 

(b)  This Council welcomes:

                 i.          The significant increase in recycling achieved in the Borough in the last decade, through improvements to doorstep recycling; and

               ii.          The success of the ‘Plastic Bag Levy’, introduced by the 2010-15 Coalition Government, which has led to an 85% reduction in disposable plastic bag usage.

 

(c)  This Council commits to Kingston playing its full role in helping to reduce plastic waste, specifically:

                  i.        Council will undertake an audit, within existing resources, of single use plastics used by the Authority and seek to replace with sustainable or reusable alternatives where practicable;

                 ii.        Council will play its role in helping to educate members of the public about plastic waste, specifically by including information for members on the public on reducing plastic waste in both online and written materials;

               iii.        Work with South London Waste Partnership to work towards increasing the amount of plastic that can be recycled throughout the borough;

               iv.        To write to both our members of Parliament and the European Parliament and to the Secretary of State for Environment, Food and Rural Affairs, urging them to consider legislation and regulations which will reduce the amount of single use plastic used by society;

                 v.        To use the links we have with businesses in Kingston to encourage them to reduce the amount of plastic waste produced and specifically to write to each of our major supermarkets asking them to consider introducing a ‘plastic free aisle’ in their Kingston store(s) on a trial basis;

               vi.        Provide public drinking fountains across Kingston Borough and encourage a culture of refillable bottles, to promote health, reduce litter and cut the use of plastic;

              vii.        Re-provide on-Street recycling bins, which were removed by the Conservatives, so everyone can recycle when out and about; and

             viii.        Lobby for a plastic  ...  view the full minutes text for item 26.

27.

Questions

In accordance with Standing Order 6 (1&2) replies will be given to questions of which notice has been given  which may be addressed to the Mayor, the Leader of the Council, Portfolio Holders,  the Leader of the Opposition, Chairs of the Standing and Neighbourhood Committees and Members representing the Council on Outside Bodies.

 

 

 

 

Minutes:

In accordance with Standing Order 6 (1&2) replies were given to questions of which notice had been given, as follows:

 

 

By       Councillor Caroline Kerr

To        Councillor Liz Green, Leader of the Council

 

Question:

 

Since May 14, there has been a problem with aircraft noise in the Kingston area due to an increase in “easterly operations” at Heathrow.  What plans does the Leader have, given the 3rd runway decision by the government, to help residents suffering from noise pollution?

 

Reply:

 

Thank you for that question – I do appreciate that those residents in the north of the borough in north Kingston do suffer a great deal from aircraft noise at certain times.  I just wanted to add the very short amount of information about the third runway decision.

There are actually three parallel processes three parallel processes of which the National Policy Statement (NPS) is one. The two others are the Development Consent Order (the DCO – which is the equivalent of the planning process) and the Airspace Review.

It’s worth stating straight upfront that the Administration (and I believe the Opposition) are strongly opposed to expansion at Heathrow, and we have had this discussion here before in the Chamber.

The Council will be responding to all of these three processes where possible, in addition to its previous responses to the NPS under the last administration, to reduce the impact of noise on residents.

Of particular relevance to residents is the respite from night flights.  BAA have ruled out an 8 hour ban on night flights (through the airspace review, not the NPS/DCO processes).  However, it will be important to press for an 8 hour respite for individual flight paths i.e if a resident suffers late night noise, they will not be disturbed by early morning noise.

In our recent response to the Environmental Impact Assessment Scoping Opinion for the DCO process, we have asked for all noise to be taken into consideration, including from aircraft above 4,000 feet which has been excluded.  Noise pollution and harm depends very much on aircraft type, size and acceleration, as well as the ambient noise levels, which is particularly relevant for late night and early morning flights.  We will also engage with the Airspace Review, as this may result in new flight paths over our communities or intensify the use of the existing flight paths.  And this is a really serious concern – at the moment, the north Kingston residents are suffering, and we feel for them, but it actually could increase across the borough the number of people that suffer from noise due to Heathrow.

As I have already said, we are strongly opposed as an Administration and Council to expansion at Heathrow and it is crucial that any role we play adds value to the action being taken.  This is the action being taken by some of the local authorities in the area. The Council has investigated joining this legal action being taken.  However it has been decided that it  ...  view the full minutes text for item 27.

28.

Deputation: Surbiton Crescent Penalty Charges

Minutes:

 

The Council received a Deputation, of which advance notice had been given in accordance with Standing Order 17.5 (signed by at least 10 residents of the borough) as follows:

‘To request the Council refund Penalty Charge Notices issued at Surbiton Crescent, which have brought in a staggering £5.2m to the Council.’

 

The Deputation request was presented by Ms Helen Hinton who commented that the implementation of a temporary Traffic Management Order on Surbiton Crescent as part of the Council’s Go Cycle programme had been criticised by many residents whose objections had not appeared to have been taken into account.  Over 68,000 penalty charge notices had been issued to motorists in relation to this location which suggested that the signage had been inadequate, misleading or confusing. The new Administration was requested to refund those charges which related to first time offences at this location in line with a proposal previously submitted when in opposition on the Council.

 

After the Deputation had been presented by Ms Hinton, members of the Council had opportunity to question Ms Hinton and Mr Bob Tyler (another member of the deputation) for up to 10 minutes.

The Council considered the Deputation with reference to Briefing Notes which had been circulated to Members prior to the meeting.  The Briefing Notes explained that enforcement had begun at Surbiton Crescent in November 2016 after an experimental traffic management order had come into force and 5000 written warnings had been issued over a two month period from September 2016.  In total 68,871 penalty charge notices had then been issued and a total of £3.6m had been paid in charges.  There would be an additional administrative cost of refunding paid and outstanding PCNs of £282,445.  The legal advice to Members was that the Experimental Traffic Management Order (the Order) had been made in accordance with the relevant statutory provisions and all the procedural requirements had been complied with. While there is a right to challenge an Order on the grounds that any relevant requirements have not been complied with, the time for doing so with respect to this TMO had now passed without such an application having been made, and the validity of the Order could not therefore now be questioned in any proceedings.  Those aggrieved by the issue of a PCN may make representations to the Authority against a PCN and have a statutory right of appeal to the Parking Adjudicator, but there would be no legal reason why it would be appropriate to issue refunds to those who had paid penalty charges in respect of contraventions of the Order.

In accordance with procedural advice from the Interim Assistant Director of Governance and Law, the Mayor proposed that the Deputation be noted (to be taken into account by Members in their consideration of the following agenda item on the Emergency Budget Revisions).  This was agreed unanimously.

 

 

 

 

 

29.

Emergency Budget revisions - Making Kingston Better Together pdf icon PDF 17 KB

To consider the report at Appendix E (to follow) of the agenda.

Additional documents:

Minutes:

(1)          Standing Order 1(3) provides for a presentation by the Leader of the Council at a Council meeting, early in each four year term, on the Administration's proposals for the coming four year period, followed by an opportunity for debate.

 

(2)          Consequently, a report by the Director Corporate and Commercial had been circulated (as a second despatch prior to the Council meeting) which included a Policy Statement from the Leader of the Council, commenting on immediate changes to be made to the 2018/19 budget agreed by the Council in February 2018. 

 

(3)          The budget is to be reshaped in-year to reflect the Administration’s policy direction and priorities, and with key actions to mitigate emerging risks in relation to the latest financial position.  The changes focus on the delivery of priority manifesto pledges (costing £275,000 revenue in year and £30,000 capital - ref.Table 1 in paragraph 42 of the report) and proposals to generate savings of £700,000 in the budget (ref. Table 2 paragraph 47 of the report).  In addition, the report set out the commitment to develop recovery plans to tackle emerging red and amber risks within the current budget of £11.6m and the continuing pressures within the Dedicated Schools Grant (DSG).  This included a new earmarked reserve of £2m for children’s services and education.

 

(4)          The report indicated that, in the autumn, proposals will be brought forward to ensure that Council supports the delivery of a balanced budget position at the year end and sets out the budget proposals and Medium Term Financial Strategy (MTFS) for the period 2019-2022.

 

(5)          The Leader of the Opposition proposed, and Councillor Rowena Bass seconded,  the following amendments to the report’s recommendations:

-       “Delete from Recommendation 5 the following:  “…including assistance from the Local Government Association and others to ensure development of a sustainable Medium Term Financial Strategy.”

-       And replace with “.and immediately requests that external auditors be engaged to confirm the solvency of the council, or otherwise, in order to allay fears that the Council is bankrupt, and for this to be submitted by the end of August 2018 and reported to full Council.

-       “Insert as Recommendation 6 the following:

“The Leader of the Council, in consultation with the Leader of the Opposition, be directed that were the external auditors to find issues of bankruptcy and insolvency then they agree a date in early September 2018 at which the Council administration will recommend to full Council:

·           A clear statement on the Council’s bankruptcy and insolvency

·           An emergency budget identifying how the solvency issues can be resolved and what reductions in expenditure will be required and to which services

·           A proposal for the establishment of a multi-member, cross party, Budget Executive to monitor day to day management of the emergency budget and report back to monthly meetings of full Council.”

(6)          The Council adjourned from 10:10pm to allow Members to consider the amendments in detail, and reconvened at 10:25pm. 

(7)          After debate, the amendments were put to the vote and defeated.  ...  view the full minutes text for item 29.

30.

Appointment of Interim Chief Executive

 

Following the departure of the Chief Executive, Charlie Adan, with effect from 30 June, it is necessary to designate an officer to undertake the role of Head of Paid Service until such time as a new permanent Chief Executive is in place. This is a statutory requirement pursuant to section 4 of the Local Government and Housing Act 1989 (as amended).

The functions and responsibilities of the Head of Paid Service are described in the Council's Constitution as follows:

a) Overall corporate management and operational responsibility (including overall management responsibility for all officers).

b) Provision of professional advice to all parties in the decision making process

c) Together with the Monitoring Officer, responsibility for a system of record keeping for all the Council’s decisions

d) Representing the Council on partnership and external bodies (as required by statute or the Council).

It is proposed that the Deputy Chief Executive, Roy Thompson, take on the role of interim Chief Executive for a period of up to 12 months whilst a permanent successor is appointed.

Therefore, the Council is RECOMMENDEDto:

1)            designate the Deputy Chief Executive, Roy Thompson, as Head of Paid Service from 1 July 2018 to 30 June 2019 (or until a permanent Chief Executive is appointed, whichever is the sooner); and

2)            authorise Roy Thompson to exercise all delegations and authorities that would otherwise have been exercised by the Chief Executive and Returning Officer until a permanent successor is appointed.

 

 

Minutes:

Following the departure of the Chief Executive, Charlie Adan, with effect from 30 June, it was proposed that the Deputy Chief Executive, Roy Thompson, take on the role of interim Chief Executive for a period of up to 12 months whilst a permanent successor is appointed.

 

It is necessary to designate an officer to undertake the role of Head of Paid Service until such time as a new permanent Chief Executive is in place.  This is a statutory requirement pursuant to section 4 of the Local Government and Housing Act 1989 (as amended).  The functions and responsibilities of the Head of Paid Service are described in the Council's Constitution as follows:

a) Overall corporate management and operational responsibility (including overall management responsibility for all officers).

b) Provision of professional advice to all parties in the decision making process

c) Together with the Monitoring Officer, responsibility for a system of record keeping for all the Council’s decisions

d) Representing the Council on partnership and external bodies (as required by statute or the Council).

 

RESOLVED that –

 

1)           the Deputy Chief Executive, Roy Thompson, be designated as Head of Paid Service from 1 July 2018 to 30 June 2019 (or until a permanent Chief Executive is appointed, whichever is the sooner); and

2)           Roy Thompson be authorised to exercise all delegations and authorities that would otherwise have been exercised by the Chief Executive and Returning Officer until a permanent successor is appointed.

 

Voting - unanimous

31.

Capital Programme Budget - Coombe Oak and Moor Lane schemes pdf icon PDF 73 KB

To consider a report at Appendix C of the agenda pack.

Minutes:

The Council considered a report by the Director, Corporate and Commercial which set out the background to proposals for additional funding for Coombe Oak and Moor Lane capital projects, responding to a request for more information which had arisen at the meeting of the Finance and Contracts Committee (on 28 June 2018) to which these proposals had originally been submitted within the ‘Revenue and Capital Budget monitoring 2017/18 Outturn’ report. 

 

The Coombe Oak proposal was for an increase in care home provision at the Council-owned site to provide extra accommodation for people to live in supported accommodation – originally £1.3m had been agreed as part of the 2018 capital programme but the initial build cost estimates were too low.   The project for the Moor Lane Respite Centre for Children with Disabilities had an existing budget of £2m from the capital programme for 2017.  The need for additional budget has arisen because of a need to decant the minibus service from the site, the main works contract exceeding the budget and to address asbestos on site.   The Council’s Corporate Resources Panel had reviewed and recommended both proposed increases.

 

RESOLVED that -

1.            additional budget of £0.7m be allocated to the Coombe Oak capital project; and

2.            additional budget of £0.66m be allocated to the Moor Lane capital project

 

Voting - unanimous

32.

Amendments to Governance Arrangements for London LGPS CIV Ltd pdf icon PDF 83 KB

To consider the report at Appendix D in the agenda pack.

Minutes:

The Council considered a report by the Director, Corporate and Commercial which outlined changes proposed by London Councils  to the governance arrangements for the London Collective Investment Vehicle (CIV) for London Local Authority Pension Funds.

 

Early in 2018 a consultation began on a number of proposed changes to improve the existing governance arrangements for the London CIV.  The proposals received support from both the Pensions CIV Joint Sectoral Committee (PCJSC) and the London Councils Leaders’ Committee in March 2018.  The proposed changes include:

 

·         that two more Non Executive Directors representative of the shareholders are appointed to the board.  These are expected to be two leaders of London Local Authorities.  The appointments are expected to be for a three year term.  A treasurer will be nominated as an observer, but not a member of the London CIV Board.

·         there will be a Shareholder Committee of the London CIV, which will act on behalf of the Shareholders as a consultative body, including on the Company’s business plans and financial performance, and topics such as Responsible Investment.  There will be 12 Committee Members made up of 8 Local Authority Pension Committee Chairs (or Leaders of London Local Authorities) and 4 Local Authority Treasurers.  The Chair of the Board of London CIV will also be a member of the Committee.

·         the first nominations of elected members (Local Authority Pension Committee Chairs or Leaders) will be made via the London Councils collective political processes and by the Society of London Treasurers in the case of Treasurers, for ratification at the London CIV AGM on 12 July 2018.  A Trade Union Representative will be nominated as an Observer in consultation with London Councils and the Joint Secretaries (Greater London Provincial Council).

·         these arrangements will replace the PCSJC which will be dissolved.

·         to complement these new Shareholder governance arrangements there will be an improved framework for client services, informed by Shareholder consultation, including a Service Level Agreement and programme of events for clients collectively.

 

Written notice is required to be given by each participating London Local Authority to London Councils revoking the delegation of the discharge of the relevant functions to the sectoral joint committee.  Specifically the Council is required to give notice that it:

·         revokes the delegation of the joint discharge of the relevant functions to the Pensions CIV Joint Committee (“PCSJC”)

·         accepts and agrees the new governance arrangements

·         confirms and accepts that the new governance arrangements supersede the PCSJC, that it supports the dissolution of the PCSJC, and the making of appointments to the new Shareholder Committee and additional non-executive appointments and a Treasurer observer enabling the first meeting under the new arrangements to take place in September 2018.

 

When it previously considered a report about the London LGPS Collective Investment Vehicle at its meeting in April 2014, the Council had agreed a recommendation of the Policy and Resources Committee to delegate authority to the Director of Finance to act for the Council in exercising its rights as a shareholder of the ACS Operator, and  ...  view the full minutes text for item 32.

33.

Designation of Deputy Electoral Registration Officers

In July 2007 the Council designated the Electoral Services Manager and the Senior Electoral Services Officer as Deputy Electoral Registration Officers.   This enabled those officers to hold hearings for objections to the Register of Electors and to sign certificates of anonymous registration and to undertake other aspects of the role of the Electoral Registration Officer as necessary in that Officer’s absence. At the Council meeting on 21 July 2009, because the Senior Electoral Services Officer post-holder had been renamed as Deputy Electoral Services Manager, it was clarified that the Deputy ERO designation applied to the new post of Deputy Electoral Services Manager (as well as to the Electoral Services Manager as previously agreed).   

 

Following the recent retirement of the former Head of Corporate Governance who has undertaken the Electoral Registration Officer function in recent years, the proposal is to re-confirm the above Deputy ERO designations as a reassurance to the officers currently in position.

 

RECOMMENDED that it be reconfirmed that the Electoral Services Manager and the Deputy Electoral Services Manager are designated as Deputy Electoral Registration Officers. 

 

Reason for decision

To continue to enable these officers to deal with matters relating to anonymous registration and other aspects of the role of the Electoral Registration Officer in the latter’s absence.

 

Minutes:

Following the recent retirement of the former Head of Corporate Governance who has undertaken the Electoral Registration Officer function in recent years, the Council was requested to re-confirm the Electoral Services Manager and the Deputy Electoral Services Manager as Deputy Electoral Registration Officers as a reassurance to the officers currently in position.   (These officers had originally been designated in these roles by Council in July 2009.)   The Deputy Electoral Registration Officer role enables those officers to hold hearings for objections to the Register of Electors and to sign certificates of anonymous registration and to undertake other aspects of the role of the Electoral Registration Officer as necessary in that Officer’s absence.

 

RESOLVED that it be reconfirmed that the Electoral Services Manager and the Deputy Electoral Services Manager are designated as Deputy Electoral Registration Officers.

 

Voting - unanimous

34.

Minutes of meetings of expired Strategic Committees

To confirm as a correct record the minutes of the last meeting of each of the former strategic committees which were not re-established at Annual Council and have been replaced by new strategic committees:

 

·         Minutes of the Residents Committee meeting on 30 January 2018 at this link 

(the meeting of this Committee scheduled for 21 March 2018 was cancelled)

 

·         Minutes of the Treasury Committee meeting on 8 February 2018 at this link

(the meeting of this Committee scheduled for 29 March 2018 was cancelled)         

 

·         Minutes of the Housing Sub Committee meeting on 8 March 2018 at this link

 

·         Minutes of the Adults and Children's Committee meeting on 22 March 2018 at this link

 

·         Minutes of the Growth Committee meeting on 27 March 2018 at this link   

 

 

 

 

Minutes:

There were a number of sets of Minutes from the last meetings of expired committees (which had not been re-established at Annual Council in May 2018) which the Council was requested to confirm as a correct record - for the Mayor to sign, if approved, after the Council meeting.

 

Resolved that the minutes of the following meetings be approved as a correct record:

 

·                Minutes of the Residents Committee meeting on 30 January 2018

·                Minutes of the Treasury Committee meeting on 8 February 2018

·                Minutes of the Housing Sub Committee meeting on 8 March 2018

·                Minutes of the Adults and Children's Committee meeting on 22 March 2018

·                Minutes of the Growth Committee meeting on 27 March 2018

 

Voting - unanimous

35.

Appointments to Committees, Panels and other bodies

The Council is RECOMMENDED to make the following appointments:

 

(1)          At the recommendation of the Children’s and Adults’ Care and Education Committee at its meeting on 21 June 2018, to appoint Councillor Margaret Thompson as Armed Forces Champion.  [The Council at its meeting on 17 April 2018 resolved that an Armed Forces Champion should be appointed annually and that a progress report from the Armed Forces Community Covenant Working Group should be reported annually to the Council.  The Committee appointed Councillor Thompson (Portfolio Holder for Adults Services) as Chair of the Armed Forces Community Covenant Working Group and it would therefore be a complementary role if Councillor Thompson is appointed as Armed Forces Champion.]

 

(2)          Following the appointments of non-elected members to the Health and Wellbeing Board (HWBB) at Annual Council on 22 May 2018, notification has been received of the following to be appointed:

·         Liz Meerabeau to replace Graham Snelling as a voting member on the Health and Wellbeing Board representing Healthwatch Kingston – and also as an advisory member on the Health Overview Panel

·         Dr Annette Pautz (GP at the Holmwood Corner Surgery) to be appointed as alternate (following the recent retirement of Dr Junaid Syed) for Dr Nazim Jivani (HWBB Co- Chair) who (as Chair of Kingston Clinical Commissioning Group) is one of the three Clinical Commissioning Group representatives on the HWBB.

·         Sally Brittain (Director of Nursing and Quality) to be appointed as alternate for Jane Wilson (Medical Director at Kingston Hospital) who is the advisory member representing Kingston Hospital Trust on the HWBB.

 

(3)          Following the meeting of the Environment and Sustainable Transport Committee on 26 June 2018 at which appointments were made to outside bodies within the remit of the Committee, there were some outstanding appointments to the following outside bodies for which the Liberal Democrat Group will make nominations for appointment at this meeting of Council:

·         Surrey Countryside Partnerships Board - One elected Member and one substitute elected Member required.

·         2M Group (Heathrow Expansion) – One elected Member required.

·         Global Arts Kingston – One elected Member required.

·         Kingston Arts Council - One elected Member required.

·         Kingston Arts Council Executive Committee – two further elected Members required.

 

(4)          The Council is also asked to make appointments to the following outside bodies which have not been considered by a Strategic Committee and for which the Liberal Democrat Group will make nominations for appointment at this meeting of Council. In future these appointments will be made by the Environment and Sustainable Transport Committee.

·         River Thames Scheme – One elected Member required

·         River Thames Alliance – One elected Member required

 

Minutes:

RESOLVED that the followingappointments be made:

 

(1)               At the recommendation of the Children’s and Adults’ Care and Education Committee at its meeting on 21 June 2018, Councillor Margaret Thompson be appointed as Armed Forces Champion. 

           

[The Committee had appointed Councillor Thompson (Portfolio Holder for Adults Services) as Chair of the Armed Forces Community Covenant Working Group and this role would be complementary to that of Armed Forces Champion.]

 

(2)               Following the appointments of non-elected members to the Health and Wellbeing Board (HWBB) at Annual Council on 22 May 2018, notification has been received of the following to be appointed:

·         Liz Meerabeau to replace Graham Snelling as a voting member on the Health and Wellbeing Board representing Healthwatch Kingston – and also as an advisory member on the Health Overview Panel

·         Dr Annette Pautz (GP at the Holmwood Corner Surgery) to be appointed as alternate (following the recent retirement of Dr Junaid Syed) for Dr Nazim Jivani (HWBB Co- Chair) who (as Chair of Kingston Clinical Commissioning Group) is one of the three Clinical Commissioning Group representatives on the HWBB.

·         Sally Brittain (Director of Nursing and Quality) to be appointed as alternate for Jane Wilson (Medical Director at Kingston Hospital) who is the advisory member representing Kingston Hospital Trust on the HWBB.

 

(3)               Following the meeting of the Environment and Sustainable Transport Committee on 26 June 2018 at which appointments were made to outside bodies within the remit of the Committee, there were some outstanding appointments to be made for which nominations were circulated as late material prior to the Council meeting and agreed as follows:

·           Surrey Countryside Partnerships Board – Councillor Sharron Sumner and one substitute elected Member required.

·           2M Group (Heathrow Expansion) – Councillor Caroline Kerr

·           Global Arts Kingston – Councillor Mark Beynon

·           Kingston Arts Council – Councillor Tim Cobbett

·           Kingston Arts Council Executive Committee – Councillor Olivia Boult and Councillor Anita Schaper

 

(4)               Additional outside bodies within the remit of the Environment and Sustainable Transport Committee to which the Council made appointments (with reference to nominations circulated as late material prior to the Council meeting) were:

·           River Thames Scheme – Councillor Kim Bailey

·           River Thames Alliance – Councillor Sam Foulder-Hughes

 

(5)       The following additional members be appointed to the pool of Liberal Democrat substitutes for the Scrutiny Panel:

Councillors Malcolm Self, Jon Tolley, Emily Davey, Hilary Gander, Jaesung Ha, Alison Holt, Andreas Kirsch, Katrina Lidbetter, Munir Ravalia, Dave Ryder-Mills, John Sweeney, Margaret Thompson, Diane White, and Yogan Yoganathan.

 

(6)       Councillor Katrina Lidbetter be appointed as a member on the Community Engagement Committee (in place of Councillor Patricia Bamford) - with Councillor Bamford to be appointed to the pool of substitute members for this Committee.

 

Voting – unanimous

 

[At the end of the meeting, the Mayor requested Members to remain in the Chamber for the Special Meeting of the Council which would be held on the rising of the Council meeting.]

 

 

Recorded Vote
TitleTypeRecorded Vote textResult
Appointments to Committees, Panels and other bodies Resolution Carried
  • View Recorded Vote for this item
  • 36.

    Annex to the Minutes: Written replies to Council Questions

    Minutes:

    Annex 1

     

    Written Replies to Council Questions

     

     

    By       Councillor Rowena Bass

    To       Councillor Alison Holt, Portfolio Holder for Finance

    Question:

     

    Can the portfolio holder update us on meetings held by the Administration with Government Ministers in relation to the Dedicated Schools Grant and the outcome of the meetings?

     

    Written reply:

     

    The Dedicated Schools Grant and in particular the High Needs Block (HNB) is a significant ongoing issue for the Council and we have been working closely with officers on this.  We have reviewed the work already carried out and considered what further work needs to be done in order to submit the final three year recovery plan in October 2018.  As part of that process the Administration will seek to meet with DFE advisors to discuss further actions required in relation to the significant overspend on the HNB.

     

     

    By       Councillor Fiona Boult

    To       Councillor Emily Davey, Portfolio Holder for Housing

    Question:

    What do you think of the proposed changes to government planning policy that could see ‘social rent’ homes dropped from the definition of affordable housing?”  The draft National Policy Planning Framework definition of affordable rent states that such rents have to be set in accordance with the Government’s rent policy, or are at least 20% below local market rents (including service charges where applicable).  If the government were to propose to drop social rented products from the definition and put in place measures to actively stop these units coming forward, we would fight any such proposal through the appropriate channels.

    Written reply:

    The Mayor of London has evidence to justify a London Affordable Rent (or “LAR”) which is below 80% of market rent levels in London. He has included a policy in the draft London Plan which requires a tenure split which includes a minimum of 30% low cost rented homes, either social rent or LAR. If this policy is adopted as part of the London Plan, then Kingston Council will be able to seek a minimum of 30% social rent or LAR from the sites coming forward for development, although this will be subject to viability.  We could therefore continue to bring forward social rented housing across the borough.

    Currently, our own officers are, in some circumstances, able to negotiate affordable rents for one and two bed properties that are capped at the Local Housing Allowance level and, where possible, to secure three bed properties at 65% of market rent.  These caps are achieved as part of the viability process on schemes where developers are willing to cooperate. These are secured as a social rented product.

     

     

    By       Councillor Rowena Bass

    To       Councillor Alison Holt, Portfolio Holder for Finance

    Question:

    Can the portfolio holder for finance explain how the Council will “make the most of business opportunities to reduce the burden of first class services on Council tax payers?

     

    Written reply:

    The Administration has been working with officers to ensure that the Council maximises opportunities for increasing income streams where appropriate, as part of the reshaped Transformation Programme.

     

     

    By  ...  view the full minutes text for item 36.