Councillor Gerry Lewin said Prayers.

There was a Minute’s Silence in memory of Kay Barnicott, Lady Moate and Honorary Alderman John Donellan followed by a short eulogy of Alderman John Donellan, by Councillor Roger Truelove.

The Mayor will advise the meeting of the evacuation procedures to follow in the event of an emergency.

The Mayor drew attention to the evacuation procedure.

To approve the Minutes of the Meeting held on 16 December 2015 (Minute Nos. 395 - 407) as a correct record.

The Minutes of the Meeting held on 16 December 2015 (Minute Nos. 395 – 407) were taken as read, approved and signed by the Chairman as a correct record.

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.

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.

There were no declarations of interest.

The Mayor made a number of announcements.

The 1^st Bobbing Guides had met the Mayor and visited the Council Chamber and Mayor’s Parlour on 25 January 2016.

The Mayor had attended the Platinum 70^th Wedding Anniversary of Vera and Jim Goatham at Blair Park Residential Home, Milton Regis.

Councillor George Bobbin had made his Mayoral Charity Cheque presentations of £3,209 each to local representatives of British Heart Foundation and Cancer Research UK on 26 January 2016 for which the Mayor and Members applauded him.

The Mayor advised that invitations would be sent out this week for the Carnival Themed Ball – Swale Civic Dinner and Dance – at West Faversham Community Centre on Friday 11 March 2016.  The Mayor reminded Members that the Faversham Ball was at the Alexander Centre on Friday 18 March 2016; and the Swale Civic Service was at the Parish Church of St. Mary of Charity, Faversham on Sunday 10 April 2016 at 10.30am.

At the end of the meeting, the Mayor congratulated the Civic Attendant on becoming a Grandad.

To consider any questions submitted by the public.  (The deadline for questions is 4.30 pm the Friday before the meeting – please contact Democratic Services by e-mailing democraticservices@swale.gov.uk or call 01795 417330).

There were no questions submitted by members of the public.

To consider any questions submitted by Members.  (The deadline for questions is 4.30 pm the Wednesday before the meeting – please contact Democratic Services by e-mailing democraticservices@swale.gov.uk or call 01795 417330).

Responses to Questions published 26.01.16

The Mayor advised Members that there were four questions, the responses to which were given to Members, and a copy is attached at Appendix I to the Minutes. The Mayor invited Members to ask supplementary questions.

Supplementary Question 1

Councillor Alan Horton thanked the Cabinet Member for his response and suggested the use of social media to publicise the campaign.  The Cabinet Member for Environment and Rural Affairs encouraged Members to get involved in the events in their area, and advised that Vicky Sedgewick was the co-ordinator who was proactive at publicising events via social media.

Supplementary Question 2

There was no supplementary question to Question 2.

Supplementary Question 3

Councillor Mike Henderson thanked the Cabinet Member for his thorough response and sought reassurance that the Local Development Framework (LDF) Panel would carefully consider the wording of the policy to be incorporated in the Local Plan that included the Kent Science Park’s location.  The Cabinet Member for Planning advised that the LDF Panel would take the issue forward.

Supplementary Question 4

Councillor Mike Henderson considered the Cabinet Member’s response unsatisfactory and sought reassurance that updates would be forthcoming as advised.  The Cabinet Member for Regeneration agreed to consider this.

To amend note i of Part 3.2.1 of the Constitution from " that in cases where the Committee is minded to make a decision that would be contrary to officer recommendation and contrary to policy and/or guidance, the Chairman should invite the Head of Planning to consider if the application should be deferred to the next meeting of the Committee or if there should be a short adjournment for Officers to consider the views of the Planning Committee and to give further advice."

 to

 "that in cases where the Committee is minded to make a decision that would be contrary to officer recommendation and contrary to policy and/or guidance, the Chairman should invite the Head of Planning to consider if there should be a short adjournment for Officers to consider the views of the Planning Committee and to give further advice at the same meeting."

Proposed by Councillor Mike Baldock and seconded by Councillor Mark Ellen

The Leader of the UKIP Group, Councillor Mike Baldock, proposed the following which was seconded by Councillor Mark Ellen:

To amend note I of Part 3.2.1 of the Constitution from “that in cases where the Committee is minded to make a decision that would be contrary to officer recommendation and contrary to policy and/or guidance, the Chairman should invite the Head of Planning to consider if the application should be deferred to the next meeting of the Committee or if there should be a short adjournment for Officers to consider the views of the Planning Committee and to give further advice” to

“that in cases where the Committee is minded to make a decision that would be contrary to officer recommendation and contrary to policy and/or guidance, the Chairman should invite the Head of Planning to consider if there should be a short adjournment for Officers to consider the views of the Planning Committee and to give further advice at the same meeting.”

The Mayor informed the meeting that in accordance with Procedure Rule No. 15, as the subject fell within the terms of reference of another meeting, the motion would be referred without discussion to the next General Purposes Committee on 2 March 2016 for consideration.  The Committee would report back to Full Council on 16 March 2016.

Members may ask questions on the Leader’s Statement.  (Statement added 27.1.16).

The Leader apologised for the lateness of his Statement presented to Members which included the following topics: Sittingbourne Town Centre Update, A249 closure, Devolution update, Corporate Peer Challenge, and Changes to Cabinet portfolio responsibilities.

Sittingbourne Town Centre Update

The Leader of the UKIP Group welcomed the news that The Light Cinema had signed a deal and hoped that Sittingbourne would be one of their main focus locations in their proposed expansion.  The Leader thanked the Leader of the UKIP Group for his excitement and enthusiasm, and advised he was impressed by the ethos of The Light Cinema who were keen to meet with all Members.

The Leader of the Labour Group considered that any estimated dates following delays should be relayed honestly to the public;  asked for an update on the confirmation of restaurants; and sought assurance that the Council had provided no financial incentives to the operators of the cinema.  In response, the Leader advised that estimated dates had been provided but delivery was not wholly under the Council’s control. Two restaurants had signed already, with further announcements in the future and he confirmed there had been no financial incentives provided by the Council to the cinema. The Leader went on to advise that the cinema would now be eight screens rather than seven, and The Light Cinema had already invested money into the project and were keen to commence the scheme.

A Member raised financial concerns that The Light Cinema had a short and small cinema operational history, and sought more information on the Sittingbourne Town Centre Regeneration Scheme.  The Leader advised that the Director of Regeneration could advise the Member individually.

In response to questions relating to the timing of the signing of the contract, the Leader advised that the contract had been signed at lunchtime the previous day.

A249 Closure

Members discussed the various issues and incidents caused by the closure of the A249 and the following points were raised:

·         Flooding issues at Grove Park School and residents’ garages in Norwood Walk, both in Sittingbourne, had been reported to Southern Water before Christmas 2015 but no action had been taken;

·         Southern Water must be accountable;

·         Lack of urgency in responding and taking action;

·         The effect of the closure on the local economy;

·         The effect of the closure on ambulances and hospital visits;

·         Lack of temporary traffic management measures including on the M2;

·         Additional traffic in rural lanes and use of restricted rural roads by heavy goods vehicles not being policed;

·         Concerns that infrastructure could not cope with increased housing in the future;

·         Hard shoulder of M2 being used dangerously to queue;

·         Lack of accurate information and communication between organisations;

·         Lack of water to homes and businesses on Sheppey;

·         Planned road repair schemes delayed;

·         Suggestion that Scrutiny Committee consider review of the responses of Southern Water and Highways England;

·         Impact on Sheppey prisons and pressure on resources;

·         Lack of alternative route onto Sheppey;

·         Suggestion of a specific Emergency Plan for situations such as the closure of the  ...  view the full minutes text for item 454.

The Cabinet Member for Regeneration introduced the report which set out the steps required to proceed with the implementation of a Footpath Creation Order for a new public footpath linking St. Michaels Road with the High Street, Sittingbourne.  The recommendation was seconded by the Leader.

A discussion ensued and Members commented that there should be additional connectivity between St. Michaels Road and the High Street; sought clarification on whether CCTV covered the footpath; and raised concerns that lighting should be provided to make the footway safe.  The Cabinet Member for Regeneration advised that the Regeneration Team would consider the issues raised and respond.

Resolved:

(i)            That authority be delegated to the Head of Legal Services to proceed with the implementation of a Footpath Creation Order for a new public footpath linking St. Michael’s Road with the High Street between numbers 48 and 50 the High Street, Sittingbourne.

(ii)          That authority be delegated to the Director of Regeneration in consultation with the Cabinet Member for Regeneration to take all necessary actions to construct a new public footpath in accordance with the Footpath Creation Order linking St. Michael’s Road with the High Street between numbers 48 and 50 the High Street, Sittingbourne.

The Cabinet Member for Finance introduced the report which asked the Council to agree the Council Tax resolutions. The Leader seconded the proposal.

In response to a question from a Member, the Head of Finance clarified how the figures were calculated at Appendix 1 on Page 16 of the report.

Resolved:

(i)            That the report of the Head of Finance for the calculation of the Council Tax Base for the year 2016/17 be approved.

(ii)          Pursuant to the Head of Finance report and in accordance with the Regulations made under the Local Government Finance Act 1992 (The Local Authorities (Calculation of Council Tax Base) Regulations 1992 (as amended)) and the Local Authorities (calculation of Council Tax Base) (England) Regulations 2012 (SI 2012:2914), and the Local Government Act 2003, the amount calculated by Swale Borough Council as its Council Tax Base for the whole area for the year 2016/17 shall be £43,959.22.  The Council Tax Base for the individual Town and Parish Councils within the borough area to be itemised as in Appendix II  to the report.

The Cabinet Member for Finance introduced the report which outlined the treasury management transactions for 2015/16. The Chairman of the Audit Committee welcomed the performance information within the report and proposed the recommendation, which was seconded by the Vice-Chairman of the Audit Committee.

Resolved:

(i)            That the performance information in the report be  noted.

Council is asked to note the following recommendations:

Cabinet (Minute Nos. 361, 362 and 363) – 2 December 2015

Audit Committee (Minute No. 390) – 9 December 2015

Council was asked to note the recommendations from the Cabinet Meeting on 2 December 2015 (Minute Nos. 361, 362 and 363), and the Audit Committee on 9 December 2015 (Minute No. 390). With the exception of Minute No. 363, the recommendations had been the subject of separate reports considered and agreed by Council earlier in the meeting.

Resolved:

(i)            That the recommendations in Minutes Nos. 361, 362, 363 and 390 be noted.