Agenda and minutes

Venue: Council Chamber, Swale House, East Street, Sittingbourne, Kent, ME10 3HT

Contact: Democratic Services, 01795 417330 

Items
No. Item

1031.

Fire Evacuation Procedure

The Chairman will advise the meeting of the evacuation procedures to follow in the event of an emergency. This is particularly important for visitors and members of the public who will be unfamiliar with the building and procedures.

 

The Chairman will inform the meeting whether there is a planned evacuation drill due to take place, what the alarm sounds like (i.e. ringing bells), where the closest emergency exit route is, and where the second closest emergency exit route is, in the event that the closest exit or route is blocked.

 

The Chairman will inform the meeting that:

 

(a) in the event of the alarm sounding, everybody must leave the building via the nearest safe available exit and gather at the Assembly points at the far side of the Car Park; and

 

(b) the lifts must not be used in the event of an evacuation.

 

Any officers present at the meeting will aid with the evacuation.

 

It is important that the Chairman is informed of any person attending who is disabled or unable to use the stairs, so that suitable arrangements may be made in the event of an emergency.

 

Minutes:

The Chairman outlined the Fire Evacuation Procedure.

1032.

Declarations of Interest

Councillors should not act or take decisions in order to gain financial or other material benefits for themselves or their spouse, civil partner or person with whom they are living with as a spouse or civil partner.  They must declare and resolve any interests and relationships.

 

The Chairman will ask Members if they have any interests to declare in respect of items on this agenda, under the following headings:

 

(a)          Disclosable Pecuniary Interests (DPI) under the Localism Act 2011.  The nature as well as the existence of any such interest must be declared.  After declaring a DPI, the Member must leave the meeting and not take part in the discussion or vote.  This applies even if there is provision for public speaking.

 

(b)          Disclosable Non Pecuniary (DNPI) under the Code of Conduct adopted by the Council in May 2012.  The nature as well as the existence of any such interest must be declared.  After declaring a DNPI interest, the Member may stay, speak and vote on the matter.

 

(c)          Where it is possible that a fair-minded and informed observer, having considered the facts would conclude that there was a real possibility that the Member might be predetermined or biased the Member should declare their predetermination or bias and then leave the room while that item is considered.

 

Advice to Members:  If any Councillor has any doubt about the existence or nature of any DPI or DNPI which he/she may have in any item on this agenda, he/she should seek advice from the Director of Corporate Services as Monitoring Officer, the Head of Legal or from other Solicitors in Legal Services as early as possible, and in advance of the Meeting.

 

Minutes:

No interests were declared.

1033.

Exclusion of the Press and Public

To decide whether to pass the resolution set out below in respect of the following items:

 

That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 3 and 5 of Part 1 of Schedule 12A of the Act:

 

3. Information relating to the financial or business affairs of any particular person (including the authority holding that information).

5.  Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

 

Minutes:

The Chairman clarified that the report to be considered under Agenda Item 5 was confidential and proposed the meeting to be held in closed session.  The proposal was seconded.  The Chairman reminded Members that any breach of confidentiality could be referred to the Standards Committee.

 

Resolved:

 

(1) That under Section 100A(4) of the Local Government Act 1972, as amended, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 3 and 5 of Part 1 of Schedule 12A of the Act.

 

1034.

Call-in Capital Financing and Investment

Capital Financing and Investment.

 

The Cabinet Member for Finance and Performance, Leader and Head of Finance have been invited to attend.

Minutes:

The Chairman welcomed the Cabinet Member for Finance and Performance, the Deputy Leader, the Chief Executive, the Director of Corporate Services, the Head of Finance, and visiting Members to the meeting.

 

The Chairman reminded Members of the Cabinet decision to borrow up to £28 million to fund specific works associated with the Sittingbourne Town Centre Regeneration.  He added that the purpose of the meeting was the Call-in of the Cabinet decision, and referred to the three reasons given for the Call-in.

 

A Member questioned whether the decision had been made with adequate information available and whether there were better alternatives for investment?  He suggested that there should be further detailed consideration of the potential financial risk, and that the Leisure and Retail Park aspects should be evaluated separately.

 

The Chairman referred to the three reasons for making the Call-in, and invited Members to ask questions on each of them.

 

Reason 1 - Inadequate consultation relating to the decision

 

Members raised a number of questions and points:

 

·        the public had not been consulted and may have other investment ideas;

 

·        had adequate financial advice been given?;

 

·        spoke of previous borrowing to finance schemes;

 

·        the public should have been consulted on the principle as it was the biggest investment in many years;

 

·        it was Members’ responsibility to keep residents informed;

 

·        the proposal was the ‘ordinary business of the Council’;

 

·        the public may agree with regeneration, but disagree with the cost;

 

·        the Council had been financially well managed historically, but reduction in grant and no income from Council Tax meant it now needed to borrow to generate income;

 

·        highlighted the need to separate the loan from its proposed purpose; and

 

·        questioned the support for the regeneration proposals in the consultation carried out in 2014, as referred to in the report.

 

In response, Members were advised by officers that, whilst not statutory, Members could choose to consult on proposals, and a copy of the consultation report from 2014 could be provided.  Members were also referred to paragraph 3.9 of Agenda Item 8 of the Cabinet report which stated that The proposals are subject to ratification by the U&I Board, and to final due diligence by the Council with its advisers.” 

 

The Cabinet Member for Finance and Performance advised that if investment was not made, the Council might not be able to provide services for residents and visitors to the Borough in the future.  He highlighted that other Councils were investing in a similar way.

 

Reason 2 - Viable alternative not considered

 

A Member asked whether consideration had been given to financing or investing in other projects? The Head of Finance referred to page 2 of the report, and explained that a scheme must be self-financing for the Council to consider investing in it. A discussion ensued and the following points were raised:

 

·        what was the value of the asset?;

 

·        had the Council considered ‘forward purchase’?;

 

·        what was the strategic impact of the purchase going ahead?;

 

·        why was the Council in such a rush  ...  view the full minutes text for item 1034.

1035.

Suspension of Standing Orders

Minutes:

At 10pm and 10.30pm Members agreed to the suspension of Standing Orders in order that the Committee could complete its business.