Agenda and minutes

Cabinet - Tuesday, 8 May 2018 3.00pm

Venue: Civic Suite - Level 2, Gun Wharf, Dock Road, Chatham ME4 4TR. View directions

Contact: Wayne Hemingway/Jade Milnes, Democratic Services Officers 

Items
No. Item

1.

Apologies for absence

Minutes:

There were none.

2.

Record of decisions pdf icon PDF 164 KB

Minutes:

The record of the meeting held on 10 April was agreed and signed by the Leader as a correct record.  

3.

Declarations of Disclosable Pecuniary Interests and Other Significant Interests pdf icon PDF 211 KB

Minutes:

Disclosable pecuniary interests

 

There were none.

  

Other significant interests (OSIs)

 

There were none.

 

Other interests

 

There were none.

4.

Expression of Interest in Relation to Deangate Ridge Golf Course pdf icon PDF 4 MB

Minutes:

Background:

 

This report provided an assessment of the expression of interest, submitted to the Council by the Deangate Community Partnership, to deliver community sport, wellbeing and leisure activities at the Deangate Ridge Golf and Sports Complex.

 

The report noted that the Council had received a letter dated 16 April 2018 from Mytime Active which stated that the expression of interest had been submitted without their authority or agreement. This letter was set out at Appendix 2 to the report.

 

The report explained that the expression of interest had met the requirements of Section 81(1)(a) of the Localism Act 2011 and therefore the Council was required to consider whether the expression of interest met the requirements set out in Section 81(1)(b) of the Act. Paragraphs 5.5.3 to 5.5.5 of the report provided an analysis of the details of the financial resources provided by the Deangate Community Partnership.

 

The report also explained ten grounds on which the expression of interest may be rejected and concluded that the expression of interest be rejected on six grounds for the reasons set out in paragraphs 5.6.3 to 5.6.6 to the report.

 

Exempt Appendix 1 to the report set out the commercially sensitive budget projections from the Deangate Community Partnership and Exempt Appendix 2 to the report set out the officer analysis of the projected budget information.

 

Decision number:

Decision:

74/2018

The Cabinet agreed to reject the expression of interest submitted by Deangate Community Partnership.

Note: In accordance with Council Rule 12.6, Councillor Filmer requested that his vote against decision 74/2018 be recorded in the record of decisions.

 

Reasons:

 

The expression of interest is rejected on the following grounds:

 

·         The Council has made a decision to close Deangate Ridge Golf Course (Ground 4).

·         The Council considers that the financial information provided in respect of the expression of interest application is incomplete and inadequate (Grounds 1, 2 and 3), particularly since the letter dated 16 April 2018 from Mytime Active confirms what is said in the expression of interest overstates matters and that there is no agreement to work with the Partnership.

·         The Council considers that the expression of interest could, in the circumstances, be considered as a way of frustrating the Council’s Local Plan process which is currently going through consultation (Ground 9).

·         The Council considers accepting no rent or nominal rent in respect of the site will be in breach of its duty under section 123 of the Local Government Act 1972 (Ground 10). 

5.

Medway Guide to Developer Contributions and Obligations (2018) pdf icon PDF 2 MB

Minutes:

Background:

 

This report presented the updated Medway Guide to Developer Contributions and Obligations, set out at Appendix A to the report, which had been prepared following a six week consultation period. The consultation was undertaken in accordance with the Medway Statement of Community Involvement and Cabinet’s agreement to undertake consultation on the draft Guide (decision no. 4/2018 refers).

 

The report stated that 21 representations to the consultation had been received. A table of the responses and the evaluation of the issues was set out at Appendix B to the report. It was explained that common responses to the consultation included queries concerning the proposed increase in charges, the derivation of the occupation figure of 2.43 persons per dwelling and the absence of the section on environmental mitigation.

 

The report explained that the Council would undertake a further review of the Guide to align with the new Local Plan and to take account of impending updated government policy and guidance on developer contributions towards the funding of infrastructure. The report noted that the Cabinet had previously agreed to update the existing Guide to Developer Contributions 2014, to provide a more robust policy basis, pending the further progress of the Local Plan and government reforms to the Planning system (decision no. 2/2018 refers).

 

A Diversity Impact Assessment had been carried out on the proposals, as set out in Appendix C to the report.

 

Decision number:

Decision:

75/2018

The Cabinet approved the Medway Guide to Developer Contributions and Obligations, as set out at Appendix A to the report for adoption as a Supplementary Planning Document.

76/2018

The Cabinet agreed to delegate authority to the Director Regeneration, Culture, Environment and Transformation and Deputy Chief Executive, in consultation with the Portfolio Holder for Planning, Economic Growth and Regulation, to approve minor changes to the Medway Guide to Developer Contributions and Obligations, if required to address minor presentational matters. 

77/2018

The Cabinet agreed to delegate authority to the Director Regeneration, Culture, Environment and Transformation and Deputy Chief Executive, in consultation with the Portfolio Holder for Planning, Economic Growth and Regulation to undertake the annual review of indexation of S106 contributions using the all items retail prices index (RPI) and update the Medway Guide to Developer Contributions and Obligations Supplementary Planning Document accordingly to come into effect on 1 April each year.

 

Reasons:

 

The Medway Guide to Developer Contributions and Obligations will provide an effective basis for the collection of contributions from development to appropriately mitigate the impacts through the provision of services and infrastructure.

6.

Six Monthly Review of the Corporate Risk Register pdf icon PDF 336 KB

Minutes:

Background:

 

This report provided details of the six monthly review of the Council’s Corporate Risk Register. The report also articulated the outcome of the Risk Management Audit undertaken in August 2017. 

 

The comments of the Business Support Overview and Scrutiny Committee were set out in section 6 to the report, together with the Chief Finance Officer’s comments in response to the key issues raised at the Committee in respect of Risk SR09b (Keeping Vulnerable Young People Safe and on Track).

 

Decision number:

Decision:

The Cabinet noted the comments of the Business Support Overview and Scrutiny Committee set out at section 6 of this report

78/2018

The Cabinet approved the amendments proposed to the Corporate Risk Register as detailed in Appendices A and B to the report.

 

Reasons:

 

The establishment of a corporate framework for risk management is recommended by CIPFA and SOLACE and will complement and support the work already being carried out within each directorate to manage risks.

7.

Recruitment Freeze pdf icon PDF 164 KB

Minutes:

Background:

 

This report presented information on a number of vacancies that officers had requested approval to commence recruitment for, following the process agreed by Cabinet on 7 January 2003 (decision number 9/2003).

 

Details of the posts were set out within Appendix 1 to the report.

 

Decision number:

Decision:

79/2018

The Cabinet agreed to unfreeze the following posts, as detailed in Appendix 1 to the report:

 

Business Support Department

a)    Finance Assistant

 

Children and Adults

b)   Complex Care Co-ordinator, Transforming Care project

           

Regeneration, Culture, Environment and Transformation

c)    Parking Support Officer

d)   Processing Appeals Officer - Processing & Income Recovery x2

 

Reasons:

 

The posts presented to Cabinet will support the efficient running of the Council.

 

8.

Gateway 1 Procurement Commencement: Temporary Accommodation Dynamic Purchasing System (DPS) pdf icon PDF 89 KB

Minutes:

Background:

 

This report sought approval to commence the procurement of a Temporary Accommodation Dynamic Purchasing System (DPS) following review and discussion at Procurement Board on 28 March 2018.

 

The report noted that the contract would cover a period of 4 years with the option to extend for a further 2+2+2 (total 10 years).

 

An Exempt Appendix provided details of the financial analysis in respect of procurement of this service.

 

Decision number:

Decision:

80/2018

The Cabinet agreed to proceed with the tendering of a Dynamic Purchasing System for the provision of Temporary Accommodation.

 

Reasons:

 

Pursuing this course of action would ensure that there is an adequate number of competitive suppliers who are accessible by the Council to immediately meet the ongoing needs.