Agenda and minutes

Venue: Council Chamber, Swale House, East Street, Sittingbourne, ME10 3HT. View directions

Contact: Democratic Services, 01795 417330  Democratic Services Officer

Items
No. Item

264.

Prayers

Minutes:

The Mayor’s Chaplain said Prayers.

265.

Emergency 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.  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.

 

 

 

Minutes:

The Mayor outlined the emergency evacuation procedure.

266.

Minutes

To approve the Minutes of the Meeting held on 25 July 2018 (Minute Nos. 158 - 169) as a correct record.

Minutes:

The Minutes of the Meeting held on 25 July 2018 (Minute Nos. 158 – 169) were taken as read, approved and signed by the Mayor as a correct record.

267.

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 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.

268.

Mayor's Announcements

Minutes:

The Mayor welcomed Councillor Harrison to the meeting, and said that thoughts and prayers were with Councillor Prescott.

 

He asked Members to represent him at various Remembrance Day Services and advised that they would be contacted soon regarding this by the Civic Office.

 

The Mayor explained that Bishop Trevor Willmot had been given permission to retire in May 2019.  Later in the meeting, the Leader and Leader of the Labour Group spoke of the support that Bishop Trevor Willmot had given to the Borough and wished him well in his retirement.

 

The Mayor then gave an update on the events and engagements he had recently attended, which included:

 

·        Being presented with an award from United Artists for his community work and excellence;

·        Attending a seminar on palliative care;

·        Lord Lieutenant’s First World Ward Centenary Service;

·        Swale Lions Centennial Year and Awards Presentation;

·        Murston HeArt Poppy Project;

·        Annual Justice Service for Kent at Rochester Cathedral;

·        Peace Garden in Southwark.

 

He also reminded Members that they were welcome to attend the Special Civic Service to mark the dedication of the World War One Centenary Memorial Stone on Sunday 28 October 2018.  He would also be attending the ‘Lest We Forget’ Commemorative Concert on Saturday 10 November 2018.

 

 

269.

Leader's Statement pdf icon PDF 97 KB

Members may ask questions on the Leader’s Statement.  (Statement published 8 October 2018).

Minutes:

The Leader presented his Statement, which gave an update regarding the Local Enterprise Partnership (LEP) review, homelessness, preferred option for the location of hyper acute stroke units (HASU) in Kent, and the revised senior management structure at Swale Borough Council.

 

LEP Review

 

The Leader of the Labour Group asked the Leader what did he think an Industrial Plan (Strategy) would look like for Swale?  The Leader advised that the Council would do its best to influence what it would look like, but he envisaged that this would include the highway network/infrastructure and air quality.

 

The Deputy Leader of the Independent Group asked what accountability did the LEP have to the Council?  The Leader advised that the Council could attempt to persuade and influence, but it had no seat on the LEP.

 

A Member asked the Leader where he envisaged that private sector members of the LEP would have obtained experience/expertise in terms of building communities and place making?  The Leader advised that it was unlikely that they would have such experience, given that the members of the LEP were not democratically elected.

 

Homelessness

 

The Leader of The Swale Group referred to the possibility of the Council providing its own housing, and asked the Leader if he had any thoughts on the Prime Minister’s announcement to let Council’s borrow money to build more Council houses?  He also welcomed the review of the housing team and asked for additional information on timing, who was undertaking the review and whether councillors would have an opportunity to input?

 

The Leader welcomed input on the review.  In respect of the Prime Minister’s announcement, he advised that he had asked the Chief Financial Officer to look at this further, and further information would be provided to Members in due course.

 

The Leader of the Labour Group asked the Leader if he wished to amend the wording of his answer to refer to the misery of homelessness of the individuals concerned?  The Leader agreed that there was a horrendous impact on the individuals concerned and that one case was too many, however, it did not make the answer to homelessness any easier to find.

 

A Member asked what was the Leader going to do in the next 12 months to offset the expected rise in homelessness?  The Leader advised that they would continue to explore every option, referring to the Prime Minister’s recent announcement that was being investigated, but for the Council to build housing it had to be financially viable.  He emphasised that the Cabinet Member was exploring all options available.

 

A Member referred to the impact of homelessness on mental health, and asked the Leader why there was not more temporary accommodation?  The Leader did not accept that every homeless person had mental health issues, and said that there were wider issues to be considered too by Social Services, NHS etc.

 

A Member asked why developers did not have to provide affordable housing and whether the Council could force developers to build affordable housing?  The  ...  view the full minutes text for item 269.

270.

Questions submitted by the Public pdf icon PDF 44 KB

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

 

Question added 3 October 2018.  Responses added 9 October 2018.

 

 

Additional documents:

Minutes:

The Mayor advised that one question had been submitted by a member of the public, the answer to which had been provided, can be viewed on the Council’s website and were attached as Appendix I to these Minutes.  The Mayor advised that Mr Sams had previously advised that he did not wish to ask a supplementary question.

271.

Questions submitted by Members pdf icon PDF 65 KB

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

 

Questions added 2 October 2018.  Responses added 9 October 2018.

Additional documents:

Minutes:

The Mayor advised that six questions had been submitted by Members, the answers to which had been provided, can be viewed on the Council’s website and were attached as Appendix 2 to these Minutes.  The Mayor invited the Members to ask a supplementary question.

 

Question One

 

Councillor John Wright asked the Cabinet Member if he would consider the importance of air quality and air quality issues in Newington High Street?

 

The Cabinet Member for Environment and Rural Affairs said that he would consider that, and suggested that Newington Parish Council may wish to contact him with their suggestions.

 

Question Two

 

Councillor John Wright asked if the Leader could stress the importance of journey times to hospital and asked what extra measures and resources would be put in place if Medway was not chosen?

 

The Leader advised that he was dissatisfied with the consultation process and the outcome.  He was pleased that Medway were going ahead with plans and he remained confident that a service at Kent and Canterbury Hospital could be raised again in the future.

 

Question Three

 

There was no supplementary question.

 

Question Four

 

Councillor Roger Truelove asked for an answer to all of his question, and asked the Cabinet Member what had been done since the motion had been agreed by the Council, was it just a letter?

 

The Cabinet Member for Health and Wellbeing advised that she had not been the Cabinet Member in March 2018, and reminded Members that 38 Members had voted for the motion and as representatives of wards and residents, Members also had the right to lobby.  She considered that Members should work together to lobby.

 

Question Five

 

Councillor Tony Winckless asked the Cabinet Member whether he considered CCTV to be a deterrent, and whether the cost (of the equipment that had been removed) could be reimbursed to the Committee?

 

The Cabinet Member for Housing and Safer Communities explained the decommissioning process and that the camera would be given back.  He was clear that CCTV was a deterrent, however, this needed to be demonstrated with evidence.  There was a ‘community trigger’ which applied to all cameras that were removed.  There was no reported increase in anti-social behaviour, although he was aware that there had been a fire, and he agreed to discuss further outside of the meeting.

 

Question Six

 

There was no supplementary question.

 

272.

Audit Committee Annual report pdf icon PDF 57 KB

Additional documents:

Minutes:

The Cabinet Member for Finance and Performance introduced the report, thanking the Audit Committee for their professional and strong approach, and the way in which the meetings were conducted.  He proposed the recommendation to note the report.

 

The Chairman of the Audit Committee presented the report, and seconded the recommendation.  He referred to the improvements in the format and layout; the hard work of officers and the external auditors to meet the new deadlines following changes in legislation; and thanked Members for their input at meetings.  He encouraged all Group Leaders to ensure that substitute Members were arranged if Committee Members could not attend a meeting, and referred to the future work of the Audit Committee, in particular the programme of training.

 

In response to questions, it was noted that the Audit Committee Chairman encouraged participation from all members of the Committee and it was considered that this had improved in recent months.  A Member also thanked the work of officers, in particular the Chief Financial Officer and Financial Services Manager, and the external auditors Grant Thornton.

 

A Member suggested that it might be more appropriate for an opposition Member to chair the Committee in the future.

 

Resolved:

(1) That the Audit Committee Annual Report for 2017/18 be noted.

273.

Annual Treasury Management Report 2017/18 pdf icon PDF 124 KB

Minutes:

The Cabinet Member for Finance and Performance introduced the report, praising the knowledge and work of the Finance Team and their achievements as set out in the report.  This was seconded by the Chairman of the Audit Committee, who reserved his right to speak.

 

In response to a question from the Leader of The Swale Group regarding where the £150k of extra income had been spent, the Cabinet Member for Finance and Performance agreed to come back to the Member with an answer. 

 

Resolved:

(1) That the Treasury Management Stewardship report for 2017/18 be approved.

(2) That the Prudential and Treasury Management Indicators within the report be approved.

 

274.

Delegation of Functions under Criminal Justice and Police Act 2001 pdf icon PDF 74 KB

Minutes:

The Cabinet Member for Regeneration invited the Deputy Cabinet Member for Regeneration to introduce the report.  In doing so, the Deputy Cabinet Member (who was also the Chairman of the Licensing Act 2003 Committee) explained the need for the additional delegation and proposed the recommendations.  This was seconded by the Vice-Chairman of the Licensing Act 2003 Committee.

 

Resolved:

(1) That authority be delegated to the Resilience and Licensing Manager to exercise all powers under Sections 19 – 28 of the Criminal Justice and Police Act 2001, with all powers of prosecution and court litigation reserved to the Head of Mid Kent Services Legal Partnership.

(2) That the Scheme of Delegations in the Constitution be amended accordingly.

275.

Planning Committee Procedure Notes pdf icon PDF 62 KB

Additional documents:

Minutes:

The Cabinet Member for Planning introduced the report, referring in particular to paragraphs 2.1 and 2.2 of the report and the discussion at the General Purposes Committee meeting held on 25 September 2018.  In proposing the recommendations, he suggested additional wording to the revised procedure note to allow for the Chairman, at his discretion, to refer technical or legal issues arising during the debate to relevant officers to respond as required during the discussion of the item.  This was seconded by the Chairman of the Planning Committee.

 

A debate ensued, during which comments were made on the following themes:

·        More clarity was needed for Ward Members when sitting as Members of the Planning Committee;

·        Opportunity should be given for adjoining parish councillors to speak at Planning Committee meetings;

·        The Procedure Notes should be considered by the Scrutiny Review Group;

·        The need for the Planning Committee to take decisions on planning considerations;

·        The need for additional training for Planning Committee Members;

·        The need to consider other aspects of the Procedure Notes and to consider procedures followed by other Councils, such as allowing Members to ask public speakers questions.

 

The Deputy Leader of the Independent Group proposed the following amendments:

(1)  That further legal advice is sought regarding Ward Members;

(2)  That Members should not be limited to speaking once, and opportunity should be given to ask questions of public speakers;

(3)  That the Procedure Notes be referred back to the General Purposes Committee to review the document.

 

This was seconded by the Leader of The Swale Group.

 

The mover of the original Motion responded to the points in the amendment, advising that the Procedure Notes would be reviewed in six months and that he could not support the amendment.

 

In respect of guidance for Ward Members, the Principal Lawyer (Corporate Governance) clarified that the issue was not whether a Ward Member sat on the Planning Committee and stated that s/he was a Ward Member.  The issue was that, in considering an application which affects his/her ward, the Member must keep an open mind.  If the Member thinks that s/he cannot do that and/or wishes to put forward particular views on behalf of the Ward, the Member should absent him/herself from sitting on the Committee and speak as a visiting Ward Member under the usual procedure.

 

A discussion ensued on the amendment, the following points were clarified or made:

·        There was no suggestion for members of the public to be interrogated or cross-examined, just to ask a question;

·        The procedure if there was no debate on an application;

·        The need for clear procedures that the public could follow;

·        There should be discretion for the Chairman to allow Members to speak more than once if additional information had arisen;

·        That the Procedure Notes would be reviewed in six months;

·        That the public speakers might be intimidated if questioned by Members;

·        The need to consider how the Minutes refer to Ward Members who are Members of the Planning Committee.

 

The amendment was put to  ...  view the full minutes text for item 275.

276.

Review of Polling District and Places pdf icon PDF 68 KB

Additional documents:

Minutes:

The Leader introduced the report, and proposed the recommendations.  This was seconded by the Deputy Leader and Cabinet Member for Planning.

 

The Leader of the Swale Group disagreed with the General Purposes Committee recommendation in respect of the New Zealand Estate, Sittingbourne and proposed the following amendment: “….that voters in the New Zealand Estate vote at Borden Village Hall”.  This was seconded by the Deputy Leader of the Independent Group.

 

Discussion ensued regarding the amendment during which the following points were made:

·        Voters on the New Zealand Estate should have a mobile polling station on the New Zealand Estate, or go back to voting at Minterne School;

·        Borden Village Hall would be closer than Grove Park School;

·        That it would not be feasible to have a mobile polling station for such a small number of properties, and that voter turnout was adequate.

 

The amendment was put to the vote but was lost.

 

The original motion was then put to the vote and agreed.

 

 

Resolved:

(1) That the Council notes that the General Purposes Committee considered Appendix I to the report and agrees changes to the current polling districts and places so that there are 84 polling districts, with voters in the New Zealand Estate continuing to vote at Grove Park School.

(2) That the arrangements for voting as set out in Appendix II of the report be noted which will continue for the May 2019 and subsequent elections.

277.

Recommendations for Approval

Council is asked to note the recommendations from the following meetings, which will be considered as separate reports on the agenda for this meeting:

(a)  Minute No. 218 of the Audit Committee held on 19 September 2018

(b)  General Purposes Committee held on 25 September 2018.

 

Minutes:

The Council was asked to note the recommendations, as separate reports on the items had been considered earlier in the meeting.

 

Resolved:

 

(1) That recommendations in Minute No. 218 of the Audit Committee Meeting held on 19 September 2018 be noted.

(2) That recommendations in Minute Nos. 236 - 238 of the General Purposes Committee held on 25 September 2018 be noted.