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.  Nobody must leave the assembly point until everybody can be accounted for and nobody must return to the building until the Chairman has informed them that it is safe to do so; 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.

The Deputy Leader outlined the emergency evacuation procedure.

To approve the Minutes of the Meeting held on 9 November 2016 (Minute Nos. 990 - 998) as a correct record.

The Minutes of the Meeting held on 9 November 2016 (Minute Nos. 990 – 998) 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.

(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.

During the course of the discussion, Councillor Nicholas Hampshire declared an interest in the Lower Medway Internal Drainage Board as he sat as a Council representative on the Board; and Councillor Sarah Aldridge declared an interest in Grove Park School as she was a trustee.

The Cabinet Member for Finance and Performance

Cabinet considered the report of the Head of Finance and the above Cabinet Member, which set out the Council’s Medium Term Finance Plan (MTFP) and the draft 2017/18 budget.

The Deputy Cabinet Member for Finance and Performance introduced the report, and highlighted the payment to the Lower Medway Internal Drainage Board on page 10 of the report.  He explained that the payment had been reduced temporarily in 1987 and had only just been increased again, with no back payment required.

The Deputy Cabinet Member for Finance and Performance referred to the 2017/18 Revenue and Capital Programme document provided to Members.

Recommended:

(1)          That the Medium Term Financial Plan be endorsed.

(2)          That the budget proposals be endorsed.

Cabinet Member for Finance and Performance

Cabinet considered the report of the Head of Finance and the above Cabinet Member, which showed the revenue and capital projected outturn for 2016/17 as at the end of September 2016.

The Deputy Cabinet Member for Finance and Performance highlighted the projected underspend on services of £617,700 and the capital expenditure of £831,704, mostly made up of significant additional income, and savings from contracts;

Resolved:

(1)          That the projected revenue underspend on services of £617.700 be noted.

(2)          That the capital expenditure of £831,704 to end of September be noted.

(3)          That £76,000 of funding for two new capital schemes as detailed in paragraph 3.12 of the report be approved.

Cabinet Member for Regeneration

Cabinet considered the report of the Interim Director of Regeneration and the above Cabinet Member.  The Cabinet Member for Regeneration thanked the Scrutiny Committee for their input.

In reply to a question from a Member, the Chief Executive advised that the formal response to the recommendations would be reported to the Cabinet meeting on 1 February 2017.

Resolved:

(1)          That the report of the Scrutiny Committee on Leisure and Tourism be noted. and the recommendations be considered and responded to at a subsequent Cabinet meeting.

Cabinet Member for Safer Families and Communities

Cabinet considered the report of the Head of Economies and Community Services and the above Cabinet Member which sought authority to award the pest control service contract to the preferred supplier.

The Cabinet Member for Safer Families and Communities spoke of the valuable pest control service, and drew Members’ attention to the assessment score table on page 64 of the report.  A Member was pleased that a Kent based company had been awarded the contract.

Resolved:

(1)          That  Goodwin Pest Management be agreed as  Pest Control Service provider from 1 January 2017 for an initial period of three years (with an option to extend for up to a further two years).

Cabinet Member for Environment and Rural Affairs

Cabinet considered the report of the Head of Commissioning and Customer Contact and the above Cabinet Member which sought authority to award contracts for new play areas, a new trim trail, and play area improvements.

The Cabinet Member for Environment and Rural Affairs welcomed Dan Gooch, the Green Spaces Officer, to the meeting.

The Cabinet Member for Environment and Rural Affairs outlined where equipment would be installed, and highlighted that Section 106 monies had been received to help finance some of the equipment.  He explained that a public consultation held at Thistle Hill in October 2016 had attracted 300 people.  A Member congratulated those involved in the consultation and the Chairman thanked Officers.

Resolved:

(1)          That the contract for the Thistle Hill Play areas be awarded to HAGS-SMP, for the sum of £169,976.98

(2)          That the contract for the Thistle Hill Trim Trail be awarded to Wicksteed Playgrounds, for the sum of £33,385.00

(3)          That the contract for the ‘all-inclusive’ play equipment at King George’s Playing Field, Sittingbourne be awarded to Proludic Ltd, for the sum of £5,300.00.

(4)          That the Head of Commissioning and Customer Contact and Head of Legal, in consultation with the Cabinet Member for Environmental and Rural Affairs, be delegated to complete the contract awards.

Cabinet Member for Environmental and Rural Affairs

Cabinet considered the report of the Head of Commissioning and Customer Contact and the above Cabinet Member which sought a five year extension of the grounds maintenance contract.

The Cabinet Member for Environmental and Rural Affairs explained that substantial savings had already been negotiated on the contract, and negotiations for further savings would be on-going.  He drew attention to paragraph 2.8 of the report, which explained that Kent County Council (KCC) would be carrying out their own grass-cutting and soft landscaping works in the future, and advised that there was a risk that any reduced standard would have an impact on perceptions of the Borough.

A Member was pleased with the proposals, but raised concern about the standard of work.  The same Member raised issues of indexation charges in the contract and the Cabinet Member for Environmental and Rural Affairs acknowledged that this would be considered.  He explained that savings had been made on the waste contract previously, and Blenwood would be pressed to improve their standards.  There had also been initiatives on dog fouling and littering in order to help improve the perception of visitors and residents to the Borough.

A Member suggested that Parish Councils could assist with soft landscaping works, but another Member suggested that KCC should improve their standard.  The Cabinet Member for Environmental and Rural Affairs highlighted that not all of the Borough was part of a designated parish, and pointed out that there would be additional Council Tax costs to those living in parishes if they undertook the work.

Resolved:

(1)          The extension of the Grounds Maintenance contract with Blenwood limited for a period of five years be approved.

(2)          The removal of the Kent Highways component of the contract, and continued negotiations on other items to deliver financial savings to the Council be noted.

(3)          The Head of Commissioning and Customer Contact, in consultation with the Cabinet Member for the Environment and Rural Affairs and Cabinet Member for Finance, be given delegated authority for agreeing and signing the final terms of the contract extension.

Cabinet Member for Finance and Performance

Cabinet considered the report of the Head of Property Services and the above Cabinet Member, which sought approval to enter into a 125-year lease with Grove Park Academies Trust, for the provision of a school for children with Autistic Spectrum Disorder (ASD).

The Deputy Cabinet Member for Finance and Performance identified the need for the facility, and advised that the Education Funding Agency had not yet confirmed how much land was required.

A Member was in full support of the proposal, but raised concern that any land not required should not be used for further housing.  In the debate that followed, the following points were raised:

·        local residents were mostly in support of the proposal;

·        if any land was not required, there should be further discussions on its future use;

·        possibility of expansion of the school in the future;

·        it was a much needed resource within the area;

·        supportive of proposal and how it could relieve pressure on parents of children with needs; and

·        highlighted the benefits of the location for Swale residents.

The Chief Executive advised that should any land be unused, negotiations would be entered into and a separate decision for the use of that land would be brought forward.

Resolved:

(1)          That a 125-year lease be entered into with the Grove Park Academies Trust, on land at Staplehurst Road, for the provision of a school for children with Autistic Spectrum Disorder.

(2)          That the agreement of the final terms of the lease (including the site area) be delegated to the Head of Property Services in consultation with the Head of the Legal Partnership and the Cabinet Member for Finance.

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.

It was not necessary to pass this resolution.

There was no discussion on this item.

Recommendations from Scrutiny Committee meeting held on 29 November 2016 – to follow.

Tabled paper added 12 December 2016.

Cabinet Member for Finance and Performance

The Chairman reminded Members that the item for discussion was the Response to the Scrutiny Committee recommendations on capital financing and investment, as detailed on the tabled report circulated to Members.

The Deputy Cabinet Member for Finance and Performance said Cabinet supported the recommendation that further detailed work was required, and this would be carried out in the further due diligence already highlighted.  He warned against further delays.

In response to a Member, the Chief Executive advised that the Extra-Ordinary Scrutiny Meeting on 29 November 2016, at which the recommendations were made, had been legally convened.

A Member drew attention to the Scrutiny recommendations (c) and (d) on the tabled report, and highlighted that information was provided to the Extra-Ordinary Scrutiny Committee but not to the Cabinet Meeting where the proposal was originally discussed.

A Member welcomed the recommendations, which he agreed with, but disagreed that the report should be referred back to Cabinet as this could cause further delays.

The Cabinet Member for Safer Families and Communities agreed that the Scrutiny Committee had made sound recommendations, but that it was not necessary to go back to Cabinet.  He reminded Members of the opportunity to invest and benefit from a healthy income into the future.

The Chairman advised that information gathering would be on-going as the investment reached different stages.  When data was available, it would be considered, and the Section 151 Officer would use this to inform his decision-making.  He said the Council did not want to lose the opportunity to invest for the future benefit of the Borough.

The Director of Corporate Services clarified the proposal in front of Members.

Resolved:

(1) That approval be given to funding and acquiring of the leisure and big box retail development in Sittingbourne.

(2) That borrowing of up to £28m be approved, in line with the Council

decision on 16 March 2016.

(3) That investment of up to £2.2m in highways-related infrastructure for

Sittingbourne Town Centre be approved.

(4) That funding of up to £500,000 to underwrite unconditional pre-works

demolition costs, which will be funded from South East Local Enterprise

Partnership (SELEP) funding, be approved. If the development agreement does not go unconditional, the Council will be required to repay this funding to SELEP.

(5) That delegation be given to the Head of Finance, in consultation with the Leader and Cabinet Member for Finance and Performance, the final decisions on the amount of borrowing within the limit set, other financing and release of the funds for highway works and demolition costs.

(6) That delegation be given to the Head of Finance, in consultation with the Leader and Cabinet Member for Finance and Performance, to agree the final Terms of the Agreement.

(7) That further due diligence be carried out as part of an ongoing process.