prayers

The Mayor's Chaplain said prayers.

minutes

The Minutes of the Meeting held on 22 January 2014 (Minute Nos. 532 - 548) were taken as read, approved and signed by the Mayor as a correct record.

A Member requested an amendment under Minute No. 542 (Fees and Charges 2014/15) in respect of seafront memorials. He asked that the minute reflect that the Cabinet Member for Environmental and Rural Affairs had agreed to provide copies of the complaints received and a breakdown of costs for maintaining the benches. The Mayor advised that this would be followed up after the meeting.

declarations of interest

Councillor David Simmons declared a non-pecuniary interest in respect of Agenda Item No. 9 (Budgets and Council Tax for 2014/15) in respect of payments to Parishes, as he was Mayor of Faversham Town Council.

mayor's announcements

The Mayor advised that Agenda Item No. 13 (Change of Polling Place at Painters Forstal) had been withdrawn from the agenda, as Whitehill Chapel would remain available for use for the European Elections on 22 May 2014.

All Members were invited to attend the raising of the Commonwealth flag on 10 March 2014 at either Swale House or Sheppey Gateway. Further information had been sent direct to all Members.

The Mayor announced that the Sittingbourne Society jointly awarded the Milton Creek Ranger and Milton Creek Trust with a Rose Bowl for their work at Milton Creek Country Park. The Bowl will be hosted in the Mayor's Parlour on behalf of the recipients.

Members were reminded to reply to the Mayor's PA to book tickets for the civic dinner and dance, the Venetian Ball, on Friday 14 March 2014 at Upchurch River Valley Golf Club.

Councillor Mike Henderson advised Members of the death of Mrs Stella Calvert, wife of Honorary Alderman Dick Calvert. Councillors Mike Henderson, Bowles and Roger Truelove spoke in fond memory of Mrs Calvert.

questions submitted by the public

The Mayor advised that three questions had been submitted by members of the public. The questions, with responses from the appropriate Cabinet Member, were tabled at the meeting. These are attached as Appendix I to the Minutes.

There were no supplementary questions.

questions submitted by members

The Mayor advised that four questions had been submitted by Members. The questions, with responses from the appropriate Cabinet Member, were tabled at the meeting. These are attached as Appendix II to the Minutes.

The Mayor invited Members to ask a supplementary question.

Supplementary to Question One

Councillor Andy Booth asked the Cabinet Member for Localism: "Do you agree with me about the importance of continuing the grant scheme, despite budget pressures?"

The Cabinet Member for Localism agreed that the grant scheme was very important, and advised that the underspend from 2013/14 would be rolled-over into 2014/15, giving each Member an increased amount of £2,400 to fund local projects.

Supplementary to Question Two

Councillor Mike Haywood asked the Cabinet Member for Housing: "Do you agree that according to the statistics the policy to impose a bedroom tax is failing in Swale?"

The Cabinet Member for Housing read out an article from the London Evening Standard on Monday 17 February 2014: http://www.standard.co.uk/news/politics/labour-candidate-criticises-party-on-homes-9133783.html?origin=internalSearch

Supplementary to Question Three

Councillor Tony Winckless asked: "Are there any plans to increase the number of Hawk Eye cameras in the Borough at a later date?"

The Cabinet Member for Community Safety and Health advised that there were no plans to increase the number, but the new cameras were far superior and would be deployed to those areas that met the criteria required for a camera.

Supplementary to Question Four

Councillor Mike Haywood asked: "Does the Cabinet Member, like me, fully accept that there are a number of crises affecting local health services for people in the Borough?"

The Cabinet Member for Community Safety and Health acknowledged that there were issues which the Clinical Commissioning Group (CCG) and partners, including the Council, were working hard to address; and he would continue to work with the CCG.

leader's statement

The Leader introduced his statement and Members asked the following questions:

Progress with the South East Local Enterprise Partnership (LEP) Strategic Economic Plan

A Member asked: how will the growth money, and the allocation of capital funding to support skills, be spent in the Borough; and did the Leader agree that it was important for Swale to access as much of the European Union (EU) Structural Investment Fund monies as possible over the next seven years?

The Leader advised that the main transport projects for Swale included the potential Junction 5A of the M2; completion of the Northern Relief Road (NRR); and work associated with the regeneration of Sittingbourne Town Centre. He advised that following the recommendation from the Policy Overview Committee to include reference to the Southern Relief Road (SRR) in the Council's Corporate Plan, he expected this would also be incorporated into the list of transport projects. He agreed that accessing EU funding was vital.

A Member asked what the timeframe was for starting work on Junction 5A of the M2, completion of the NRR, and commencement of the SRR? The Leader advised that the final document, listing the proposed transport schemes for Swale, would be submitted to the Government by 31 March 2014.

A Member considered that the Council were 'jumping the gun' on the SRR, as there was no justification for the road and no evidence that it would alleviate the traffic problems through Sittingbourne. The Leader confirmed that the SRR had first stage approval.

Changes to Local Government Association (LGA) Governance

A Member expressed his disappointment at the proposed changes and considered that the LGA Rural Commission had been a useful group to exchange ideas; and it was vital that the Council continued to be represented under the new arrangements.

The Leader agreed with the Member's comments and considered that the Rural and Urban Commissions had achieved a lot of good outcomes. He expressed his thanks to those Members who had attended meetings over the years and provided reports back to the Council. He considered that it was incumbent on the Council to continue expressing their views and influence the LGA in whatever way possible.

budgets and council tax for 2014/15

The Cabinet Member for Finance introduced the proposals. He referred to an amendment to page 11, item two, which should refer to the Cabinet Member for Finance, not the Cabinet Member for Localism. He spoke about the reduction in Government grant; the need to plan thoroughly and systematically; the strong financial position of the Council; the Council Tax freeze; more efficient working; improved procurement strategy; need to reduce expenditure and increase income; importance of reserves in protecting services and the future prosperity of the Borough; and the importance of the voluntary sector. He thanked the Head of Finance, Finance Department, Chief Executive, Directors, Cabinet Members, the Budget Task Force and the Chairman of the Scrutiny Committee for their work on this years' budget.

The Leader of the Labour Group referred to the on-going reductions in the Revenue Support Grant from Central Government and the Council's increasing reliance on income streams such as Business Rates and Fees and Charges. He raised particular concern with the Council's reliance on the New Homes Bonus, as any reduction in housing numbers would result in a significant loss of income. He referred to the rise in Council Tax for residents living in parished areas, and considered that it was unfair that the Council had not passed on the money provided by Central Government through the Revenue Support Grant to parishes, to ensure they did not have to increase their precept. He considered that the £14m in reserves was unreasonable when the Council had not accepted the Living Wage for Council staff; there was no spending on learning and skills; the High Streets lacked focus; regeneration was going backwards; there was no community centre in Sittingbourne; no free parking initiatives to support local businesses; more focus was needed on generating jobs and promoting apprenticeships; and the lack of action taken on the proposed closure of the minor injuries unit at Faversham.

The Leader of the Labour Group proposed the following amendment: "We agree that £100k be taken from the General Reserve to pass back to Parish and Town Councils. This to be distributed according to the number of Council Tax payers affected by the Council Tax Support Scheme in each parished area." This was seconded by Councillor Martin McCusker.

The Leader responded to the amendment, advising that all Parish Councils were sent a letter in 2013 advising that the financial support would be on a one-year only basis. He considered that as this would be an on-going annual issue, it would be irresponsible of the Council to raid the reserves each year to fund this proposal.

Discussion ensued on the amendment and in accordance with SI 2014 No. 165, a recorded vote was taken on the amendment and voting was as follows:-

For: Councillors Monique Bonney, Mick Constable, Mark Ellen, Harrison, Mike Haywood, Mike Henderson, Martin McCusker, Adam Tolhurst, Roger Truelove, Ghlin Whelan, Nick Williams, Tony Winckless and Steve Worrall. Votes for equal 13.

Against: Councillors Barnicott, Sylvia Bennett, Bobbin, Andy Booth, Lloyd Bowen, Bowles, Derek Conway, Mike Cosgrove, John Coulter, Duncan Dewar-Whalley, June Garrad, Ed Gent, Sue Gent, Gerry Lewin, Peter Marchington, Bryan Mulhern, Prescott, Ken Pugh, Gareth Randall, David Simmons, Ben Stokes, Mike Whiting, Ted Wilcox, Alan Willicombe, Jean Willicombe and John Wright. Votes against equal 26.

Abstention: Councillor Anita Walker.

The amendment was therefore lost.

The Leader of the Labour Group proposed the following amendment: "We agree not to increase Members' Allowances by 1% in line with the Council Pay Award." This was seconded by Councillor Adam Tolhurst.

Discussion ensued on the amendment during which the following comments were made: does not go far enough, Councillors should undertake the role voluntarily and be proud to serve their community; it was not an "unavoidable cost pressure" as listed in the budget papers; it was important that Councillors were not out-of-pocket in undertaking their role; and it was never a good time to increase allowances, but it was important to ensure appropriate remuneration for those that needed it.

In accordance with SI 2014 No. 165, a recorded vote was taken on the amendment and voting was as follows:-
For: Councillors Monique Bonney, Mick Constable, Mark Ellen, Harrison, Mike Haywood, Mike Henderson, Martin McCusker, Adam Tolhurst, Roger Truelove, Ghlin Whelan, Nick Williams, Tony Winckless and Steve Worrall. Votes for equal 13.

Against: Councillors Barnicott, Sylvia Bennett, Bobbin, Andy Booth, Lloyd Bowen, Bowles, Derek Conway, Mike Cosgrove, John Coulter, Duncan Dewar-Whalley, June Garrad, Ed Gent, Sue Gent, Gerry Lewin, Peter Marchington, Bryan Mulhern, Prescott, Ken Pugh, Gareth Randall, David Simmons, Ben Stokes, Anita Walker, Mike Whiting, Ted Wilcox, Alan Willicombe, Jean Willicombe and John Wright. Votes against equal 27.

The amendment was therefore lost.

The Leader of the Labour Group proposed the following amendment: "That £400k of capital receipts is added to the Housing Capital Budget for the provision of two additional houses to help meet the demand for temporary accommodation within the Borough from homeless families, and to further reduce the financial cost of Bed and Breakfast to this Authority." This was seconded by Councillor Adam Tolhurst.

Discussion ensued on the amendment during which the following comments were made: it would be premature and irresponsible to agree this before ensuring that the first property was successful; the housing situation was becoming worse, with 29 families currently in bed and breakfast accommodation; the proposal made good financial sense as the Council would receive a better return on their investment; what happened to the Council's empty homes review and could the Council purchase empty homes for homeless accommodation?; the Council had 30 properties in the past but sold them to make money; the Cabinet Member had made it clear that if the business plan was successful the Council would consider purchasing further properties; and the Council needed to be more bold to tackle the issues facing local people.

In accordance with SI 2014 No. 165, a recorded vote was taken on the motion and voting was as follows:-

In accordance with Council Procedure Rule No. 20, a recorded vote was requested on the amendment and voting was as follows:-

For: Councillors Monique Bonney, Mick Constable, Mark Ellen, Harrison, Mike Haywood, Mike Henderson, Martin McCusker, Adam Tolhurst, Roger Truelove, Ghlin Whelan, Nick Williams, Tony Winckless and Steve Worrall. Votes for equal 13.

Against: Councillors Barnicott, Sylvia Bennett, Bobbin, Andy Booth, Lloyd Bowen, Bowles, Derek Conway, Mike Cosgrove, John Coulter, Duncan Dewar-Whalley, June Garrad, Ed Gent, Sue Gent, Gerry Lewin, Peter Marchington, Bryan Mulhern, Prescott, Ken Pugh, Gareth Randall, David Simmons, Ben Stokes, Anita Walker, Mike Whiting, Ted Wilcox, Alan Willicombe, Jean Willicombe and John Wright. Votes against equal 27.

The amendment was therefore lost.

The Leader of the Independent Group considered that the budget did not demonstrate a clear strategy for improving Swale or benefitting local residents. He suggested that more should be done to promote the economic regeneration of Swale and the area as an attractive place for visitors through a tourism website and social media. He proposed the following amendment to the budget:

"1. Increase funding for economic development by £50,000 and for tourism by £50,000, to be taken from the regeneration reserves.

2. Further houses - one in Faversham, one in Sheppey - for temporary accommodation for homeless households to keep people to local roots of family, work and schooling of children. Take £390k from New Homes Bonus.

3. Increase Citizens Advice Bureau (CAB) funding by £10,000 to allow response to high demand for advice. Take from reserves.

4. Use the extra funding re business rates collection not to send someone around Swale identifying possible rate payers. Rather, to provide Zoe Kent with staff to help to improve our knowledge and strategy of maximising our income to benefit Swale."

This was seconded by Councillor Monique Bonney.

At this point in the meeting, Councillors Ted Wilcox and Derek Conway declared non-pecuniary interests in respect of the discussion regarding CAB, as they were Trustees of CAB.

Discussion ensued during which the following comments were made: Ward Councillors had a duty to identify opportunities within their ward to collect business rates; officers had not requested additional support to assist them with Business Rate collection; CAB had not contacted the Council, either directly or via the Council appointed representatives on the Board, to advise of their financial difficulties; the communications budget was reduced last year following a motion at Council and now we have a proposal to reinstate that; there are already reserve funds available that could be used for tourism, and officers will be encouraged to apply for some of this money; the Borough was poorly advertised; and there would be economies of scale with having one Housing Officer look after three properties, rather than just one.

In accordance with SI 2014 No. 165, a recorded vote was taken on the amendment and voting was as follows:-

For: Councillors Monique Bonney, Mick Constable, Mark Ellen, Harrison, Mike Haywood, Mike Henderson, Martin McCusker, Adam Tolhurst, Roger Truelove, Ghlin Whelan, Nick Williams, Tony Winckless and Steve Worrall. Votes for equal 13.

Against: Councillors Barnicott, Sylvia Bennett, Bobbin, Andy Booth, Lloyd Bowen, Bowles, Derek Conway, Mike Cosgrove, John Coulter, Duncan Dewar-Whalley, June Garrad, Ed Gent, Sue Gent, Gerry Lewin, Peter Marchington, Bryan Mulhern, Prescott, Ken Pugh, Gareth Randall, David Simmons, Ben Stokes, Anita Walker, Mike Whiting, Ted Wilcox, Alan Willicombe, Jean Willicombe and John Wright. Votes against equal 27.

The amendment was therefore lost.

Councillor Monique Bonney considered that Swale had a significant problem with illegal gypsy and traveller sites and the Council's poor record of eviction endangered social and community cohesion. Councillor Bonney proposed the following amendment: "That £150k be set aside to either create a new site or extend an existing Gypsy and Traveller site in Swale." This was seconded by Councillor Mike Henderson.

Discussion ensued during which the following comments were made: Swale has a poor record of site provision; it was very difficult to identify sites; Members should continue to work together to identify sites; need new and innovative approaches, such as placing sites within new housing developments; the local Member for Parliament was lobbying Government on this issue; a policy was in progress through the Local Development Framework Panel; the number of sites needed until 2031 could be met through this process; and the Council needs to deal with this issue strategically and make best use of its eviction powers.

In accordance with SI 2014 No. 165, a recorded vote was taken on the amendment and voting was as follows:-

For: Councillors Monique Bonney, Mick Constable, Mark Ellen, Harrison, Mike Haywood, Mike Henderson, Martin McCusker, Adam Tolhurst, Roger Truelove, Ghlin Whelan, Nick Williams and Tony Winckless. Votes for equal 12.

Against: Councillors Barnicott, Sylvia Bennett, Bobbin, Andy Booth, Lloyd Bowen, Bowles, Derek Conway, Mike Cosgrove, John Coulter, Duncan Dewar-Whalley, June Garrad, Ed Gent, Sue Gent, Gerry Lewin, Peter Marchington, Bryan Mulhern, Prescott, Ken Pugh, Gareth Randall, David Simmons, Ben Stokes, Anita Walker, Mike Whiting, Ted Wilcox, Alan Willicombe, Jean Willicombe and John Wright. Votes against equal 27.

Abstention: Councillor Steve Worrall.

The amendment was therefore lost.

Members then spoke to the substantive motion and made the following comments: why had additional costs for recording Council meetings been added to the budget and was this a good use of taxpayers money?; there were more people in work across Swale showing the Council's policies were working; and praise for the hard work of officers on the waste contract, but concerned regarding the increase in fly-tipping locally.

The Leader spoke in support of the substantive motion. He advised that recording of meetings was being considered to protect Members from unauthorised and edited recordings of meetings by members of the public; he provided recent statistics demonstrating Swale's success regarding waste collections; and he refuted the comment regarding Faversham's minor injuries unit, stressing that there had been a lot of action taken, including regular meetings, letters, and debates at Council meetings.

In accordance with SI 2014 No. 165, a recorded vote was taken on the substantive motion and voting was as follows:-

For: Councillors Barnicott, Sylvia Bennett, Bobbin, Andy Booth, Lloyd Bowen, Bowles, Derek Conway, Mike Cosgrove, John Coulter, Duncan Dewar-Whalley, June Garrad, Ed Gent, Sue Gent, Gerry Lewin, Peter Marchington, Bryan Mulhern, Prescott, Ken Pugh, Gareth Randall, David Simmons, Ben Stokes, Anita Walker, Mike Whiting, Ted Wilcox, Alan Willicombe, Jean Willicombe and John Wright. Votes against equal 27.

Against: Councillors Monique Bonney, Mick Constable, Mark Ellen, Harrison, Mike Haywood, Mike Henderson, Martin McCusker, Adam Tolhurst, Roger Truelove, Ghlin Whelan, Tony Winckless and Steve Worrall. Votes for equal 12.

Abstention: Councillor Nick Williams.

The substantive motion was therefore agreed.

adjournment of meeting

The Mayor adjourned the meeting from 8.47 pm to 8.57 pm.

extension of meeting

During consideration of the report on Budgets and Council Tax 2014/15, Members agreed to an extension of the meeting in order that the Council could complete its business.

treasury management strategy statement and investment strategy 2014/15

The Cabinet Member for Finance introduced this report which set out the proposed Treasury Management Strategy Statement and Investment Strategy 2014/15.

pay policy statement

The Cabinet Member for Performance introduced the Council's Pay Policy Statement, as required under Section 38 of the Localism Act 2011.

constitution review

The Leader introduced this report which set out some proposed changes to the Constitution, namely: casting vote procedure; voting rights at Swale Rural Forum; treatment of quasi-judicial matters; review of Overview and Scrutiny; and changes to the Head of Planning delegation.

A Member asked for clarification on why Davington Priory Ward was not included within the membership for the Swale Rural Forum, and suggested an amendment to the proposed changes to the Head of Planning's delegations.

Discussion ensued regarding Working Paper V (Delegations to the Head of Planning) and concern was raised regarding the proposed amendments to delegations one, two and 23. The Leader proposed that Working Paper V be referred back to a future meeting of the General Purposes Committee. This was seconded and upon being put to the vote was agreed.

Members made the following comments in relation to Working Paper IV (Review of Overview and Scrutiny): disappointed that the proposals reduce the Policy Development and Review Committee to a sub-Committee of the Cabinet; Members can only request an item for the work programme via a motion to full Council and that is unlikely to be approved; Council needs more transparency; prevents Members from reviewing contentious issues; the new Committee will lack any purpose; and it will become a rubber-stamping Committee with no powers.

Councillor Martin McCusker made the following proposal: "Given that the new Policy Development and Review Committee will be a shadow Committee, the Chairman should no longer be remunerated for their role." This was seconded by Councillor Harrison.

The Leader explained that the Policy Development and Review Committee would have an important role in assisting with formulating and reviewing Council policy; and it would ensure that future policies had greater input from backbench Members.

Upon being put to the vote the amendment was lost.

extension of meeting

During consideration of the above item Members agreed to an extension of the meeting in order that the Council could complete its business.

change of polling place - painters forstal

This item was withdrawn from the agenda.

recommendations for approval

general purposes committee - 3 february 2014

cabinet - 5 february 2014

election of mayor and deputy mayor

Councillor David Simmons proposed that Councillor Bobbin be elected as Mayor for the Civic Year 2014/15. This was seconded by Councillor Andy Booth.

Councillor Ben Stokes proposed that Councillor Anita Walker be elected as Deputy Mayor for the Civic Year 2014/15. This was seconded by Councillor Sylvia Bennett.