Agenda and minutes

Apologies for absence were received from Councillors Clarke, Curry, Filmer, Griffin, Gulvin, Johnson, Khan and Chrissy Stamp.

Members are invited to disclose any Disclosable Pecuniary Interests or Other Significant Interests in accordance with the Member Code of Conduct. Guidance on this is set out in agenda item 2.

Disclosable pecuniary interests

There were none.

Other significant interests (OSIs)

Councillor Howcroft-Scott declared an OSI in agenda item No.16 (Outcomes of Consultation on Proposals to Change Three Grammar Schools From Single Gender to Co-Educational Provisions) as she is the Vice-Chair of Trustees, Victory Academy. Councillor Howcroft-Scott left the room during discussion and consideration of the item.

Councillor Price declared an OSI in agenda item No.8 (Leader’s Report) as he is Chair of the Trustees at the Sunlight Development Trust. Councillor Price remained in the room during consideration of the item as there was no discussion related to the Sunlight Development Trust.

Councillor Tejan declared an OSI in agenda item No.8 (Leader’s Report) as he is the Chairman of Kyndi Ltd. Councillor Tejan remained in the room during consideration of the item as there was no discussion related to Kyndi Ltd.

Other interests

There were none.

To approve the records of the meetings held on 21 July 2022 and on 8 September 2022, which was adjourned and reconvened to 15 September 2022.

The records of the ordinary and special meetings of Council held on 21 July 2022 and of the special meeting held on 8 September 2022, which had been adjourned and reconvened to 15 September 2022, were approved and signed by The Worshipful Mayor of Medway as correct.

The Worshipful The Mayor of Medway announced that Councillor Mick Pendergast had recently passed away. He had served as a Medway councillor for the Peninsula ward since 2015 and had been re-elected in 2019.

Between 2015 and 2019, Councillor Pendergast had served on the Planning Committee and the Licensing and Safety Committee, and from 2019 he had served on the Rural Liaison Committee.

The Leader of the Council, Councillor Jarrett, said that it was particularly sad to lose a Member who was relatively young. He considered that Councillor Pendergast had represented the local electorate to the best of his ability and that his passing was a loss to them.

The Leader of the Opposition, Councillor Maple, said that Councillor Pendergast had stood up for what he believed in and that he had enjoyed being a Councillor representing the Stoke area.

Councillor Sands said that Councillor Pendergast had been plain speaking and honest and that he would be sorely missed by the people of Stoke and the wider Hoo Peninsula community. He had been a good Councillor who had ensured he was available to his constituents.

The Mayor and Councillors Jarrett, Maple and Sands offered their condolences to the family and friends of Councillor Pendergast.

A minute’s silence was held in memory of Councillor Pendergast.

The Mayor advised that on Remembrance Day she would be attending a ceremony at Victory Gardens as well as services at the Great Lines and Rochester Cathedral on Remembrance Sunday.

There were none. 

Public:

A petition was submitted that related to dangerous driving and speeding on Gillingham Road, in the area adjacent to the railway level crossing. The petition called on the Council to consider road safety measures along this section of the road.

Member:

Councillor Brake submitted a petition on behalf of members of the public living in or near Walderslade village. The petition related to a planning proposal to build flats, which were considered to be an overdevelopment of the area.

Councillor Purdy submitted a petition on behalf of members of the public. The petition called on the Council to install road safety measures in Watling Street, Gillingham.

Councillor Edwards submitted a petition on behalf of members of the public living near the new St John Fisher School site on City Way, Rochester. The petition called on the Council to consider developing a controlled parking scheme to mitigate the impact of the school on local residents and for measures to be in place by Spring 2023.

Question A – Carl Dunks of Rainham submitted the following to the Portfolio Holder for Front Line Services, Councillor Filmer:

“Can the Portfolio Holder give his view on the use of electric scooters?”

Question B – Ruth Banks of Gillingham submitted the following to the Portfolio Holder for Front Line Services, Councillor Filmer:

“I am concerned about the lack of parking and the safety of anyone, particularly women, at night or very early hours of the day when their vehicle isn't parked in their own street/road.

This is because there are not enough parking bays to accommodate the indiscriminate giving out of permits to all that apply.

Can the Portfolio Holder please tell me what he plans to do about this?”

Question C – Kevin Fowle of Chatham asked the Portfolio Holder for Business Management, Councillor Hackwell, the following:

“I am concerned and frustrated about the total lack of any warning about the ward boundary changes. I received nothing in the mail or any contact from the current wards’ elected councillors. I have unanswered emails from both, so have no faith in that channel.

The law states that proposed changes should be communicated for feedback. I am not a social media user, it is totally wrong to rely on social media, online web sites and inadequate elected representatives so why was there no direct, to the door communication of those affected?”

Councillor Hackwell thanked Mr Fowle for the question. He said that the review of the electoral arrangements in Medway was undertaken by the Local Government Boundary Commission for England rather than Medway Council. The process was set out in legislation and allowed the Commission to decide how they would consult. Three public consultations had been held as follows:

·       17 December 2019 - 9 March 2020, to seek views on where new ward boundaries should be.

·       30 June – 7 September 2020, on draft recommendations.

·       1 December 2020 – 11 January 2021, on further draft recommendations for Rainham and Twydall.

The Commission had written to over 460 interested parties and stakeholders as well as the local media and the MPs representing the Medway Council area. They also publicised the Review and the various consultation periods on their social media channels and website and Medway signposted people to the Commission website via its own social media channels. Local views were accepted through the Commission website, by e-mail and by post. Everyone who wrote to it as part of the review was notified regarding the start of the next round of consultation.

Councillor Hackwell said that the Electoral Commission had received 143 submissions in response to the initial consultation on ward boundaries, 325 submissions in response to the consultation on the draft recommendations and 133 submissions in response to the limited consultation on further draft recommendations for Rainham and Twydall.

The boundary changes would come into effect for the local elections in May 2023. A short article about the overall impact had been included in the forthcoming edition of  ...  view the full minutes text for item 346.

Discussion:

Members received the Leader’s Report. The following issues were discussed:

·       The improvement journey of Children’s Services, recruitment and staffing challenges and the preparations being made for the reinspection of services expected in spring or summer 2023.

·       Concern about the increasing cost of living.

·       The progression of regeneration schemes in Medway, such as the Housing Infrastructure Fund, Rochester Riverside and Innovation Park Medway (IPM) and the submission of a funding bid to the Levelling up Fund to support IPM delivery.

·       Concern about the development of the Medway Local Plan.

·       The development of the Integrated Care System in Kent and Medway and the role of the Better Care Fund.

·       The support given by Medway Park to wheelchair rugby events and the thriving women and girls’ sections at Medway Rugby Club.

·       Acknowledgement of Medway residents who would be representing their country during various forthcoming sporting events.

·       Concern at a lack of progress or an update regarding the Pilgrim School site development.

·       Whether Cabinet Members serving on the boards of Council companies had amounted to a conflict of interest.

·       Concern that some hardship grant funding had been returned to Government due to rules about rolling over unspent allocations having changed.

·       The second tranche of £2,262,463.11 of Household Support Grant had been fully allocated, with the exception of 11 pence.

Discussion:

Members received a report on overview and scrutiny activity and raised the following issues during debate:

·       The provision of free school meals and the discussions at the Children and Young People Overview and Scrutiny Committee.

·       Concern about the impact of Universal Credit changes on Medway residents.

·       Concern about the difficulties new Government voter ID requirements could cause at the Council elections that would take place in May 2023.

·       The reforms needed in Adult Social Care, including national vacancies of 165,000, the impact this had on services and the need for more funding and pay for those working in the sector.

·       Delayed Transfers of Care for hospital discharges and the difficulties putting care packages in place for those with complex needs.

·       The progress of the GP Task Group and the difficulties in meeting local GPs as part of this work.

·       Concern about poor late night pharmacy provision on the Hoo Peninsula.

·       Concern about falling wate recycling rates and the need for a strategy to increase this.

·       The Local Plan and Chatham Docks.

·       The excellent work undertaken by the Council’s Aspirations Officer in relation to young people not in Education, Employment or Training (NEET) and whether this post should be offered a permanent contract.

·       Free School Meals Provision, particularly provision during school holidays.

·       The Time to shine Awards – this was considered to have been an excellent event and it was requested that it be held again.

·       Innovation Park Medway, including that no businesses had yet signed contracts to locate at the site.

·       The Bus Service Improvement Plan and the need to explore opportunities around service frequencies and fares.

·       Th Government funding that had been made available for community diagnostic services to be provided at Sheppey Community Hospital and Rochester Healthy Living Centre.

Decision:

The Council noted the report.

This report sets out the Members’ questions received for this meeting. 

Question A – Councillor Van Dyke asked the Portfolio Holder for Adults’ Services, Councillor Brake, the following:

“The Department for Health and Social Care has instructed hospital trusts to reintroduce parking charges for hospital staff after withdrawing the subsidy paid to Trusts during the pandemic when charges for staff were waived. Medway Maritime Hospital faces a recruitment crisis and the threat of industrial action because staff salaries are not keeping up with the cost of living.

Will the Portfolio Holder show his support for our local NHS staff by joining me in writing to the Secretary of State for Health and Social Care demanding that car parking charges for hospital staff are abolished with immediate effect?”

Councillor Brake thanked Councillor Van Dyke for the question. He said that the issue had been raised at the annual meeting of Medway Foundation Trust and had been discussed at length. Councillor Brake understood that the issue was a big concern for NHS staff, hospital patients and visitors, particularly in view of the current train and bus strikes, which left many no alternative option to driving or using taxis, which were both more expensive.

Councillor Brake advised that parking charges had been dropped during the Covid lockdowns to encourage people to use their cars so that they could socially distance and protect themselves by not using public transport. Doing so could have meant potential exposure to Covid which could then be brought to vulnerable hospital patients. As the situation had now eased, previous arrangements had returned.

Parking charges made to Medway hospital staff, patient and visitors were used to help cover the cost of the running and maintenance of these facilities, in turn allowing other NHS resources to be used directly to the benefit of patients and hospital staff.

Given these circumstances, Councillor Brake did not consider it appropriate to raise the matter with the Secretary of State.However, it would be appropriate for hospital staff members to write and raise their concerns with their local Member of Parliament.

Question B – Councillor Hubbard asked the Portfolio Holder for Children’s Services – Lead Member (statutory responsibility), Councillor Mrs Josie Iles, the following:

“It is the view of many that the new Maritime Academy should have been located on Strood Riverside, a town centre site with great access for those walking, cycling, or using public transport. The Secondary School’s proposed site on Frindsbury Hill will just add to the local levels of traffic congestion and pollution.

Maritime Academy opened its temporary, Twydall Primary School located, doors this September. The bussing arrangements, delivering and collecting students living in Strood and Frindsbury area in place. I am confident that the Academy’s staff are doing their very best. However, the Government is continuing its poor record on delivery of new schools in Medway. The other current example is the delayed Rochester Primary School.

There is no sign of any building work on the Academy’s Frindsbury site. This is simply not good enough. There are only pre-works  ...  view the full minutes text for item 349.

The Council Strategy sets out the Council’s key priorities, the outcomes we expect to achieve and the programmes that we will deliver. The Council Plan is the delivery plan which sets out the measures that will be used to track performance against the Council’s key priorities.

Following consultation with directorates, this report proposes the Council Strategy 2023/24 and reviews the priorities, outcomes and programmes. The performance measures, key facts and opportunities and challenges will be reviewed as part of the Council Plan refresh in January 2023.

Background:

This report set out the Council Strategy, which in turn set out the Council’s key priorities, the outcomes expected to be achieved and the programmes that would be delivered.

The report advised that the Council Plan was the delivery plan which set out the measures that would be used to track performance against the Council’s key priorities.

The report proposed the Council Strategy 2023/24 and stated that the performance measures, key facts and opportunities and challenges would be reviewed as part of the Council Plan refresh in January 2023.

The Portfolio Holder for Business Management, Councillor Hackwell, supported by the Deputy Leader and Portfolio Holder for Housing and Community Services, Councillor Doe, proposed the recommendations set out in the report.

Decision:

a)    The Council noted the comments of the Business Support Overview and Scrutiny Committee set out in section 5 of the report and the decisions of the Cabinet set out at section 7 of the report.

b)    The Council agreed to adopt the refreshed Council Strategy as set out in Appendix 1 to the report.

This report seeks Council approval of an addition to the capital budget to fund the development of the new Splashes sports centre.

Background:

This report sought Council approval of an addition to the capital budget to fund the development of the new Splashes sports centre.

The report explained that projections from the professional design team had previously indicated that the redevelopment could be delivered within a budget envelope of £17.85m. Based on this projection Cabinet had previously recommended full Council to approve an additional £12.850 million to the Splashes Replacement Scheme within the capital programme to meet this budgetary expectation. This addition was approved by full Council at its meeting on 21 July 2022.

Due to economic volatility internationally, there had been a knock-on effect on the construction industry across the UK, leading to challenges across all areas of the supply chain, as well as significant increases in labour costs. This had meant that the completed tenders received in August 2022 were several million pounds higher than those projected earlier in the year.

As result of these highly unusual circumstances, the capital budget approved by full Council in July 2022 was no longer sufficient to award a contract for the development of the new Splashes sports centre. The Council was therefore requested to agree the addition of a further £5.8million to the Capital Programme.

An exempt appendix to the report set out information in relation to the contract tender returns received for the development of Splashes Sports Centre and consequent implications for the capital budget.

A Member asked for legal advice regarding whether the decision that the Council was being asked to make could be considered Wednesbury unreasonable. The Assistant Director, Legal and Governance, advised that to be Wednesbury unreasonable, a decision had to be so unreasonable that no person acting reasonably could have made it. Ultimately, it was for Members of the Council to determine whether they considered this to be the case.

The Deputy Leader and Portfolio Holder for Housing and Community Services, Councillor Doe, supported by the Portfolio Holder for Education and Schools, Councillor Potter, proposed the recommendations set out in the report.

Councillor Maple, supported by Councillor Andy Stamp, proposed the following amendment:

Delete the following:

“12.1. The Council is recommended to agree the addition of £5.8 million, to the Splashes Redevelopment Scheme in the Capital Programme, to enable development of the new Splashes Sports Centre.”

and replace with:

“12.1   …notes the Cabinet decision made on October the 18^th 2022.

12.2       Council asks officers to prepare a detailed report on:

a.      What options there are to find the ongoing estimated £1.6 million revenue costs to service borrowing proposed in paragraph 10.3.

b.      What options there are to find the additional £500,000 per year running costs as laid out in paragraph 10.4.

This report to be received with the substantive Splashes report no later than 19th January Full Council.”

Amended recommendations read:

“12.1   The Council notes the Cabinet decision made on October the 18^th 2022.

12.2      Council asks officers to prepare a detailed report on:

a.      What options there are to find the ongoing estimated £1.6  ...  view the full minutes text for item 351.

The Brook Theatre has been awarded grant funding from the Future High Street Fund (FHSF) (£300,000) and the Levelling Up Fund (LUF)(£6.5m) to undertake refurbishment works. The Re:Fit works programme is also being undertaken, which focuses on upgrading elements relating to the operations of the Brook Theatre. Initial building surveys (Phase 1) have been undertaken to facilitate these upgrades and have recommended further surveys (Phase 2) are carried out throughout the building. This report seeks to add £250,000 to the Revenue Budget to undertake the Phase 2 surveys.

Background:

This report set out that the Brook Theatre had been awarded grant funding from the Future High Street Fund (FHSF) (£300,000) and the Levelling Up Fund (LUF)(£6.5m) to undertake refurbishment works.

The report explained that the Re:Fit works programme was also being undertaken, which focused on upgrading elements relating to the operations of the Brook Theatre. Initial building surveys had been undertaken to facilitate these upgrades and had recommended that further surveys were carried out throughout the building.

The report requested the addition of £250,000 to the Revenue Budget to undertake the Phase 2 surveys.

The Deputy Leader and Portfolio Holder for Housing and Community Services, Councillor Doe, supported by the Leader of the Council, Councillor Jarrett, proposed the recommendations set out in the report.

Decision:

The Council agreed the addition of £250,000 to the Council’s Revenue Budget, funded from reserves, to enable the Phase 2 Intrusive Surveys to be carried out at the Brook.

This report sets out an urgent proposal to rebuild the Children’s Services side of the Children and Adults Social Care System, Mosaic, by removing unworkable licenced forms and replacing with bespoke simplified forms that would need to be fully designed with the service and built using codes that map data across to all the performance reporting, which will ultimately better embed the Council’s practice model framework.

The report asks the Council to agree the addition of £1.7m to the revenue budget to be funded from reserves.

Background:

This report set out an urgent proposal to rebuild the Children’s Services side of the Children and Adults Social Care System, Mosaic, by removing unworkable licenced forms and replacing with bespoke simplified forms that would need to be fully designed with the service and built using codes that mapped data across to all the performance reporting, which would ultimately better embed the Council’s practice model framework.

The report asked the Council to agree the addition of £1.7m to the revenue budget to be funded from reserves.

The Portfolio Holder for Children’s Services – Lead Member, Councillor Mrs Josie Iles, supported by the Portfolio Holder for Education and Schools, Councillor Potter, proposed the recommendations set out in the report.

Decision:

The Council approved the addition of £1.7m to the revenue budget, to be funded from Council reserves, in line with phasing detailed at paragraph 9.1 of the report.

This report requests Council approval for a number of amendments to the Capital Programme as recommended by Cabinet on 23 August 2022. The report also requests that Council approve the rents set for Housing Revenue Account (HRA) new build and purchased properties for Affordable and Social Rent.

Background:

This report requested Council approval for a number of amendments to the Capital Programme as recommended by Cabinet on 23 August 2022. The report also requested that Council approve the rents set for Housing Revenue Account (HRA) new build and purchased properties for Affordable and Social Rent.

It was requested that an update be provided to the Business Support Overview and Scrutiny Committee on any occasion that the delegated authority proposed at paragraph 8.3 of the report had been exercised.

The Leader of the Council, Councillor Jarrett, supported by the Deputy Leader and Portfolio Holder for Housing and Community Services, Councillor Doe, proposed the recommendations set out in the report.

Decision:

a)    The Council approved the addition totalling of £150,630 to the capital schemes detailed in sections 3.1 to 3.4 of the report and agreed to remove the unspent budget of £12.957million, as set out in section 3.5 of the report, from the Capital Programme.

b)    The Council approved the rents set for the new build and purchased HRA properties, as set out in section 4 of the report.

c)    The Council agreed to delegate authority to the Director of Place and Deputy Chief Executive to agree weekly rental values presented by the Head of Housing for any in-year completed HRA acquisitions and/or new builds in the future.

This report outlines the outcomes of the consultation on proposals for three Medway grammar schools to change their admissions arrangements from single sex to co-educational provisions.

This report requests that the Council agrees an addition to the Capital Programme to fund the necessary building modifications to ensure appropriate facilities are available.

Background:

This report outlined the outcomes of the consultation on proposals for three Medway grammar schools to change their admissions arrangements from single sex to co-educational provisions.

The report requested that the Council agree an addition to the Capital Programme to fund the necessary building modifications to ensure appropriate facilities would be available.

The Portfolio Holder for Education and Schools, Councillor Potter, supported by the Portfolio Holder for Children’s Services – Lead Member, Councillor Mrs Josie Iles, proposed the recommendations set out in the report.

Decision:

a)    The Council noted the comments made by the Children and Young People Overview and Scrutiny Committee, as set out in section 9 of the report and the decisions of the Cabinet set out at section 10 of the report.

b)    The Council agreed to add £2.5 million to the Capital Programme to fund the necessary building modifications to ensure appropriate facilities are available (only if the Regional Schools Commissioner’s decision was to go ahead with the proposals).

This report seeks the approval of Full Council to amend the delegations to officers to provide clarity regarding the decisions that are covered.

Background:

This report requested Council approval to amend the delegations to officers to provide clarity regarding the decisions that were covered by these delegations.

The delegations related to caravan and mobile home licensing functions.

The Deputy Leader and Portfolio Holder for Housing and Community Services, Councillor Doe, supported by the Portfolio Holder for Adults’ Services, Councillor Brake, proposed the recommendations set out in the report.

Decision:

The Council agreed to delegate authority to the Director of Place and Deputy Chief Executive to exercise and to delegate to officers at an appropriate grade, the functions set out in the appendix to the report.

This report provides details of the recent use of urgency provisions within the Constitution.

Discussion:

This report provided details of recent usage of urgency provisions contained within the Constitution.

The Leader of the Council, Councillor Jarrett, supported by the Deputy Leader and Portfolio Holder for Housing and Community Services, Councillor Doe, proposed the recommendations set out in the report.

Decision:

The Council noted the report with regards to the use of urgency provisions set out in the report.

This report sets out the motions received for this meeting. 

Motion A – proposed by Councillor Hackwell and supported by Councillor Maple

Councillor Hackwell proposed an alteration to his previously submitted motion. In accordance with Council Rule 11.4.1, the meeting’s consent was signified without discussion, therefore, the altered motion was considered as follows [deletions from the published motion are shown as strikethrough and additions are shown in bold]:

Amended motion reads:

“Delivering Cost of Living Support

This Council is concerned about theeffect cost of living is having on the residents of Medway and notes that domestic electricity and gas prices are predicted to rise by almost 50% this year. Increased energy costs will impact prices of many other products and services. This Council notes that HM Government has recently announced a bold £15 billion package targeted to the most vulnerable households to alleviate the impact of energy prices. In addition, it continues to deliver the Levelling Up initiative to provide opportunities for all, both locally and nationally.

Within Medway, this Council continues to deliver, in partnership with the public, private and not for profit partners, key services and target those most vulnerable and at risk.

This Council resolves to:

1. Write to the Prime Minister to request that he delivers all the Brexit promises, to deliver additional savings to all households and to assist, assists in the delivery of the Levelling Up initiative, and allocates sufficient funding for Medway.

2. Work closely with HM Government to deliver Medway’s share of the £500m Household Support Fund on a timely basis.

3. Continue to develop, support and help those most in need or at greatest risk of hardship to ensure they are fully aware of the help and assistance that is available and to ensure they receive that assistance working with partners.”

It was also requested that, subject to the motion being agreed, a copy of it be provided to the three MPs that represented Medway.

Decision:

Upon being put to the vote the substantive motion was carried.

Delivering Cost of Living Support

This Council is concerned about the effect cost of living is having on the residents of Medway and notes that domestic electricity and gas prices are predicted to rise by almost 50% this year. Increased energy costs will impact prices of many other products and services. This Council notes that HM Government has recently announced a package targeted to the most vulnerable households to alleviate the impact of energy prices. In addition, it continues to deliver the Levelling Up initiative to provide opportunities for all, both locally and nationally.

Within Medway, this Council continues to deliver, in partnership with the public, private and not for profit partners, key services and target those most vulnerable and at risk.

This Council resolves to:

1.    Write to the Prime Minister to request that he delivers additional savings to all households, assists in the delivery of the Levelling Up initiative, and allocates sufficient funding for Medway.

2.    Work closely with HM Government to deliver Medway’s share of the £500m Household Support  ...  view the full minutes text for item 358.