Agenda and minutes

Apologies for absence were received from Councillors Curry, Fearn, Filmer, Jones, Lammas, Paterson and Spring.

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

Councillor Cook declared an interest in relation to agenda item no. 19 (Appointments to the Children and Young People Overview and Scrutiny Committee) as she has professional interests in the schools mentioned in the report. Councillor Cook left the room during discussion and determination of the item.

Other significant interests (OSIs)

Councillor Crozer declared an interest in relation to agenda item no. 11 (Temporary Accommodation Options - Addition to the Capital Programme) as he is the Chair of Trustees of AMAT UK, a provider of temporary accommodation to Medway Council. Councillor Crozer left the room during discussion and determination of the item.

Other Interests

There were none.

To approve the record of the meeting held on 19 October 2023.

The records of the two Full Council meetings held on 19 October 2023 were approved and signed by Worshipful the Mayor as correct.

The Worshipful The Mayor of Medway announced that Derek Esterson, a former Rochester upon Medway Councillor from 1995 to 1998 had passed away recently. She said that Members would recall that Derek was the father of Bill Esterson, also a former Medway Councillor.

On behalf of the Council, the Mayor offered her condolences to the family.

Councillor Murray addressed the Council in tribute to former Councillor Esterson. She highlighted that other family members had also served as Councillors and that Derek Esterson had also been a Kent County Council Councillor between 1993 and 1998.

The Mayor welcomed the former Mayor of Medway, Jan Aldous, to present cheques to Hands Gillingham and Parkinson’s UK following her fundraising during the previous municipal year. Daphne Stearn and Joyce Kemp were in attendance at the meeting representing Hands Gillingham and Alyson Smith and Phil Bungay were representing Parkinson’s UK.

£17,532.78 had been raised for the Mayoral charities during Jan Aldous’ time as Mayor of Medway. Each charity was, therefore, presented with a cheque for £8,766.39.

The Mayor announced that since the last full Council meeting, she had welcomed Mayors and dignitaries from across the south east and supported local residents in relation to fundraising events in Medway. These had raised over £3,000 for the Mayor’s three chosen charities, SSAFA, Medway Help for Ukrainians and Young Medway. The Mayor thanked everyone, including local business, Gurkha Brothers and the local Oasthouse Theatre in Rainham for supporting the Mayoral events.

People involved in organising the Rochester Dickensian Christmas Festival were thanked by the Mayor, including those who had collaborated with the organisers to make it a successful event that had welcomed over 100,0000 visitors over a weekend. The next big, free community event would be the Chinese New Year Festival with the main parade taking place on 17 February 2024 in Chatham High Street.    

The Mayor advised the Council that it was proposed to make some changes to the way the meeting was run, following discussions between Group Leaders, Deputy Leaders and Group Whips. These changes were as set out in decisions below.

The Mayor, supported by Members of the Council moved a suspension of Council Rules.

Decision:

The Council agreed to suspend Council rules to facilitate the following changes:

a)    Public questions would be extended from 30 minutes to 40 minutes with a reduction in the time allocations for the Leader’s Report from 35 minutes to 30 minutes and the Overview and Scrutiny activity report from 25 to 20 minutes.

b)    Public questioners unable to attend the meeting had been allowed to send a representative to read out their question or the Mayor would put the question on their behalf. Only public questioners attending in person would be able to ask supplementary questions.

c)    The order of business had been changed as indicated on the agenda. This included taking the agenda item on motions after public questions and taking any information reports or reports for noting as the last agenda items.

d)  ...  view the full minutes text for item 556.

The Leader welcomed the suspension of Council rules, as agreed by the Council, which he hoped would lead to the meeting running more efficiently.

The Leader announced that a song that had been played before the meeting was called ‘Ever Flowing River’. This had been played as the Medway song at a recent event in Canterbury attended by the 13 districts and boroughs in Kent and Medway.

The Mayor of Medway had received a letter from Mayor Acharya of Pokhara, Nepal. This letter recognised the Mayor of Medway’s achievement as being the first female Nepalese and Gurkha Mayor in the UK. The letter also requested a collaborative relationship between Pokhara and Medway. The Leader said that the Chief Executive and he would be writing to Mayor Acharya to offer a letter of friendship between Medway and Pokhara.

Public:

There were none.

Member:

There were none.

Question A – Tim Johnston, of Rochester, submitted the following to thePortfolio Holder for Community Safety and Enforcement, Councillor Osborne:

“There has been a rise in shops dedicated to vaping as well as other shops - even takeaways - selling vape products. This is a problem for public health as well as a blight on the high street, particularly in conservation areas such as Rochester High Street.

What powers are already available to close vape shops or restrict the display and advertisement of vapes in Medway?”

Councillor Osborne thanked Tim Johnston for the question. He said that the Council had powers to regulate certain types of advertisement under the town and country planning regulations of 2007 and to control the sale of products such as vapes where there were age restrictions through trading standards legislation. Unlike for tobacco, alcohol and other products there was no formal licensing regime.

Councillor Osborne believed that this needed to change and that an incoming national Labour government would be committed to banning the marketing, promotion and the sale of vapes to children. There was a focus on regulating the vaping industry. As a teacher, he was aware of the significant impacts of vapes in the education space. He considered that retailers who sold vapes to young people under the age of 18 should be subject to review to prevent sellers from operating near schools in that way.

Councillor Osborne was hopeful that the Council could engage with the government to see if this issue could be further reviewed.

No supplementary question was asked as Tim Johnston was not present.

Question B – Chris Webb, of Rochester, asked the Portfolio Holder for Economic and Social Regeneration and Inward Investment, Councillor Edwards, the following:

“Lloyds Bank branch in Strood is closing on 4 April. Lloyds’ Chatham branch will then be its only branch serving Medway, which currently has a population of approximately 280,000. The Strood branch closure will result in severe inconvenience and loss of an essential face to face, in person service, particularly to those customers without the internet who currently rely on this branch for their banking needs.

Will the Council make strong representations to Lloyds Bank, at a senior level, to oppose this unjustified closure?”

Councillor Edwards thanked Chris Webb for the question. She said that, unfortunately, the closure of bank branches was a national trend, with a third of bank branches across the UK shutting since 2010. Not everyone was comfortable using online or telephone banking and local small businesses needed safe access to banks for their deposits. The Strood branch was relied upon by residents in Strood and by those living in Cuxton, Halling, Rochester and on the Hoo Peninsula, for whom the next nearest branch in Chatham was some distance for them to travel.

Councillor Edwards had written to Lloyds Bank to oppose the closure and said that she would do her utmost to ensure the retention of face-to-face banking facilities in Medway town centres. This also  ...  view the full minutes text for item 559.

 This report sets out motions received for this meeting.

Motion A – proposed by Councillor Hackwell and supported by Councillor Perfect:

“The Portfolio Holder for Climate Change and Strategic Regeneration is railroading through a red route scheme for Rainham High Street. There is clear unequivocal opposition to the scheme from residents and local traders, evidenced through the Council’s consultation and the recent Regeneration, Culture and Environment Overview and Scrutiny Committee held on 18th October 2023.

The Council instructs the Director of Place to publish:

1.    Evidence that the Rainham scheme will improve traffic flow, journey times, and reduce pollution.

2.    Current baseline data on:

a.Traffic flow.

b.Journey times.

c.Air pollution.

3.    Target KPIs in these three measurements above that justify the Rainham scheme.

4.    Current revenue assumptions for the red route in Rainham.

The Council recommends to Cabinet to consider all responses to the consultation and not impose a small geographical location thus preventing many who use, travel through and visit Rainham.

The Council notes that the Conservative Government and Transport Secretary intends to tackle anti-car measures where there is clear opposition to the scheme through the “Plan for Drivers”.

The Council further recommends to Cabinet to cancel the scheme in Rainham the Director of Place is unable to provide the requested information.”

Councillor Field supported by Councillor Hamandishe proposed the following amendment:

The Portfolio Holder for Climate Change and Strategic Regeneration is railroading through a red route scheme for Rainham High Street. There is clear unequivocal opposition to the scheme from residents and local traders, evidenced through the Council’s consultation and the recent Regeneration, Culture and Environment Overview and Scrutiny Committee held on 18th October 2023 overseeing the possible introduction of Red Routes across Medway. There is clear interest in this from some in our community.

The Council instructs the Director of Place to publish:

1.    Evidence that the Rainham scheme will improve traffic flow, journey times, and reduce pollution.

2.    Current baseline data on:

a.Traffic flow.

b.Journey times.

c.Air pollution.

3. Target KPIs in these three measurements above that justify the Rainham scheme.

4. Current revenue assumptions for the red route in Rainham.

The Council recommends to Cabinet to consider all responses to the consultation and not impose a small geographical location thus preventing many who use, travel through and visit Rainham.

The Council notes: that the Conservative Government and Transport Secretary intends to tackle anti-car measures where there is clear opposition to the scheme through the “Plan for Drivers”.

The Council further recommends to Cabinet to cancel the scheme in Rainham the Director of Place is unable to provide the requested information

·      That a business case was prepared for the previous Administration in December 2022 (as noted by Councillor Gulvin during Council on 19 October 2023) which sets out the case for Red Routes in Medway, including Rainham. This business case was de facto adopted as policy by the previous administration via its inclusion in the budget, agreed by their Members at both Cabinet and two successive Full Council meetings.

·      That the  ...  view the full minutes text for item 560.

Discussion:

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

• A letter received from Michael Gove MP in relation to progress on the Medway Local Plan and the disappointment regarding this in the context of the ongoing work as well as concern about previous progress.
• Issues experienced in relation to residential waste collections over the Christmas period. An apology was given to Medway residents.
• The status of Chatham Docks and the need for employment land.
• The need for house building targets to be sustainable.
• The importance of backing Medway businesses in the context of the financial climate.
• The challenges facing the Council in the context of the £17million budget gap, which had been reduced to £12million.
• The development of the Kent and Medway Business Fund and the need to ensure that Medway got a good deal following the forthcoming closure of the South East Local Enterprise Partnership.
• Progress on development of the top floor of the Pentagon Shopping Centre and redevelopment of the former Debenhams store.
• The use of Shared Prosperity Funding for projects in the five Medway town centres.
• The ongoing development at Rochester Riverside and the Paddock, Chatham.
• Implementation of Red Routes in Medway.
• Concern about development on the Hoo Peninsula.
• Funding for Christmas lights.
• A suggestion that the model for Medway Norse providing services to the Council be looked at.

Decision:

The Council noted the report.

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

Question A – Councillor Campbell asked thePortfolio Holder for Children's Services, Councillor Price, the following:

“Given the overwhelming cross-party consensus at Children and Young People Overview and Scrutiny Committee that the Government should be doing more for upper tier authorities providing children’s social care, what is Medway Council doing to lobby Government for more resource?”

Councillor Price thanked Councillor Campbell for the question. He said that the Provisional Local Government Settlement published in December confirmed that the Council would receive some additional social care grant, as projected in the Council’s draft budget, and that local authorities could continue to levy a 2% Adult Social Care Precept on the Council Tax. The overall impact of the Settlement, however, was a reduction in the Council’s overall funding by £1.7million compared to the draft budget, worsening the Council’s financial position. Medway Continued to work lobby the government through all available avenues.

The Council was part of F20, a cross party group of councils, representing the twenty most poorly funded authorities in the country, who were lobbying the government to implement a fairer method of distribution of the national allocations of funding for local government.

Following a motion agreed by Full Council in October 2023, the Chief Executive wrote to the Chancellor of the Exchequer asking him “to ensure that adequate funding is provided to local authorities as part of the Autumn Statement, in order to ensure that local authority budgets are future-proofed against the need to cut jobs and services in the short, medium and long term.” In January 2024 a robust response was submitted to the government’s consultation on the Provisional Settlement.

The Director of People held both the statutory Director of Children’s Services (DCS) role and the statutory Director of Adult Social Services (DASS) role and was therefore a member of the Association of Directors of Children's Services (ADCS) and the Association of Directors of Adult Social Services (ADASS).

The ADCS was the national leadership Association in England for statutory directors of children's services and other children's services professionals in leadership roles. The ADCS had taken a robust and proactive role in lobbying government regarding the need for funding for Children's Services since its inception in 2007. This included a range of lobbying activity, including evidence-based research which exposed the true costs of Children's Services and highlighted the funding gaps created by current funding arrangements. 

The independent review into Children's Social Care had been commissioned by central government in 2020 and published its findings in 2022. The review set out the case for large scale increases in funding, which the ADCS had been a strong advocate in seeking to lobby the government to deliver on. Critical areas included sufficiency in children's social workers and placements for children, both of which were significant issues driving up local authority spend, but which required a national response. It was considered that the government's response to both of these issues in 2023, had been much less robust than the local  ...  view the full minutes text for item 562.

The report sets out three initiatives - to purchase further units of temporary accommodation, to take on leases for the use of temporary accommodation and the setting up of a lettings department with a view to managing and generating business and ensure certainty around availability of units of accommodation.

Background:

The report set out three initiatives - to purchase further units of temporary accommodation, to take on leases for the use of temporary accommodation and the setting up of a lettings department with a view to managing and generating business and ensure certainty around availability of units of accommodation.

The report explained that increased demand and cost for providing homeless households with temporary accommodation had led to budget pressure. There was a clear need to address the financial pressures faced by the housing service and implement new initiatives that would relieve/reduce the pressure on the budget.

The report had been considered by the Cabinet on 16 January 2024, the recommendations to the Cabinet were set out in section 6 of the report.

The Portfolio Holder for Housing and Property, Councillor Khan, supported by Councillor Campbell, proposed the recommendations set out in the report.

Decision:

The Council agreed to add £41,925,000 to the Capital Programme (funded by prudential borrowing) for the purchasing of approximately 150 further homes.

This report requests a capital addition to deliver the Healthy Living Centre in the Pentagon Centre, a cost which will be reimbursed by the NHS. The report also seeks approval for virements for reporting clarity purposes.

Background:

This report requested a capital addition to deliver the Healthy Living Centre (HLC) in the Pentagon Centre, a cost which would be reimbursed by the NHS. The report also sought approval for virements for reporting clarity purposes.

The report advised that HLC designs had progressed and that following further design work and subsequent cost inflation, further funding was required to enable the tender exercise to be undertaken to build out the HLC.

The report had previously been considered by the Cabinet on 16 January 2024. The recommendations to the Cabinet were set out in section 6 of the report.

The Portfolio Holder for Housing and Property, Councillor Khan, supported by the Deputy Leader of the Council, Councillor Murray, proposed the recommendations set out in the report.

Decisions:

a)    The Council agreed an addition to the Capital Programme, of £2,752,000 for the delivery of the Healthy Living Centre in the Pentagon Centre, noting this figure would be reimbursed by the NHS and is subject to NHS final approvals and S106 contributions.

b)    The Council agreed the following virements from the existing Pentagon Centre future works budget, to deliver the diversification of the first floor of the Pentagon Centre:

A.     £1,245,900 to deliver the Healthy Living Centre

B.     £1,811,366 to deliver the Innovation Hub

This report requests Council approval for amendments to the Capital Programme as recommended by Cabinet on 21 November 2023.

Background:

This report requested Council approval for amendments to the Capital Programme as recommended by Cabinet on 21 November 2023.

The Leader of the Council, Councillor Maple, supported by Councillor Browne, proposed the recommendations set out in the report.

Decision:

The Council agreed the removal of the following budgets relating to schemes that were either complete or no longer required:

a)      Motorway Signage, £60,000 funded from Capital Receipts.

b)      World Heritage Site & GLHP, £31,000 funded from Capital Grants.

c)      Civic Centre Decant, £24,000 funded from Reserves.

d)      Mountbatten House Purchase, £92,000 funded from Borrowing.

e)      MDC Queen Street, £20,000 funded from Borrowing.

f)       MP St Marys Amateur Boxing Club, £40,000 funded from Capital Receipts.

This report introduces a revised Planning Enforcement Policy. The Council is asked to approve the Policy.

Background:

This report set out the proposed revised Planning Enforcement Policy, which the Council was requested to approve.

The report advised that the revised Policy set out updated service standards in accordance with up-to-date, relevant legislation, which in turn would improve the Council’s position in dealing with complaints and enforcement investigations.

The report had previously been considered by the Planning Committee on 22 November 2023, the minutes of which were set out at section 6 of the report and by the Cabinet, the decisions of which were set out at section 7.

The proposed revised Planning Enforcement Policy was attached at Appendix 1 to the report. A Diversity Impact Assessment in relation to the Policy was attached at Appendix 2.

Councillor Hubbard, supported by the Portfolio Holder for Community Safety and Enforcement, Councillor Osborne, proposed the recommendations set out in the report.

Decision:

The Council approved the Planning Enforcement Policy 2023.

This report recommends a revised schedule of polling districts and polling places to reflect the new Parliamentary constituency boundaries that will come into place for the next General election and comments made after the Local and Parish elections in May 2023, and updates the Council on the likely allocation of polling stations by the Returning Officer in preparation for the Police and Crime Commissioner elections scheduled for 2 May 2024.

Background:

This report recommended a revised schedule of polling districts and polling places to reflect the new Parliamentary constituency boundaries that would come into place for the next General election and comments made after the Local and Parish elections in May 2023,

The report also updated the Council on the likely allocation of polling stations by the Returning Officer in preparation for the Police and Crime Commissioner elections scheduled for 2 May 2024.

Appendix 1 to the report set out the principles of the review and Appendix 2 set out the Polling District and Places Schedule for Parliamentary and Local Elections.

The Leader of the Council, Councillor Maple, supported by the Portfolio Holder for Heritage, Culture and Leisure, Councillor Mahil, proposed the recommendations set out in the report.

Decisions:

a)    The Council approved the scheme of Polling Districts and Polling Places as set out in Appendix 1 to the report, in respect of Parliamentary elections and designated the Parliamentary Polling Districts and Polling Places as the Polling Districts and Polling Places for Local Government elections.

b)    The Council noted the designation of all polling stations recommended by the Returning Officer as set out in Appendix 2 to the report.

c)    The Council authorised the Chief Executive in conjunction with the Informal Working Group on Polling Districts and Polling Places to designate a Polling Place where no suitable polling station was available within the original Polling Place.

d)    The Council noted that the Chief Executive would consult with the Informal Working Group on Polling Districts and Polling Places if it was necessary to change any polling stations prior to the elections on 2 May 2024.

The report and recommendations of the Independent Remuneration Panel are submitted for Members’ consideration.

Background:

This report set out the recommendations of the Independent Remuneration Panel in relation to the Members’ Allowances Scheme.

The report explained that the Panel had undertaken a review of the Members’ Allowances Scheme, following the local elections earlier in 2024, including the Basic Allowance, Special Responsibility Allowances (SRAs), subsistence and travel allowances, rates for childcare and dependent adult care, as well as the annual up rating index. The Panel had also reviewed the allowances payable to the Mayor and Deputy Mayor even though they were not formally covered by the Scheme.

The Panel’s report was attached as Appendix 1 to the report.A Diversity Impact Assessment in relation to the outcome was attached at Appendix 2 and theexisting Members’ Allowances Scheme was attached as Appendix 3.

It was requested that the Councillor Conduct Committee undertake a review of claims made under the Member Allowances Scheme at the earliest appropriate opportunity.

Councillor Maple, supported by Councillor Hamilton proposed the recommendations set out in report, subject to the following alteration to the recommendations:

Revised recommendations as follows:

1.4          The Panel’s recommendations set out in paragraph 10.3 of their report, that the benchmark for the SRA relating to cabinet portfolio holders be increased from 150% to 160% be not implemented with effect from 1 April 2024.

1.5          The Panel’s recommendations set out in paragraphs 10.4 and 10.5 of their report that the benchmark for the SRA for Chairpersons of Overview & Scrutiny Committees is increased from 100% to 120% be not implemented with effect from 1 April 2024.

1.7     The table below showing the benchmarks for each SRA against the basic allowance that take effect from 1 April 2024 until 31 May 2027.

On being put to the vote, the amendment was won.

Decisions:

The Council approved:

a)    The Panel’s recommendations that paragraphs 1, 2, 3 ,4, 5 and 6 of the Members’ Allowances Scheme remain unchanged.

b)    The Panel’s recommendations relating to the  ...  view the full minutes text for item 568.

This report sets out the results of the calculations under Council Rule 20 to select the Mayor and Deputy Mayor for the 2024/2025 municipal year.

The report also sets out the provisional programme of meetings for the 2024/25 municipal year.

Background:

This report set out the results of the calculations under Council Rule 20 to select the Mayor and Deputy Mayor for the 2024/2025 municipal year.

The report also set out the provisional programme of meetings for the 2024/25 municipal year.

Councillor Myton, supported by Councillor Hamilton, proposed the recommendations set out in the report.

Decisions:

a)      The Council noted the entitlement of the Labour and Co-operative Group to nominate a Mayor and Deputy Mayor for the 2024/2025 municipal year and that the entitlement would be accepted or declined at the Council meeting on 29 February 2024.

b)      The Council agreed a provisional programme of Council and Committee meetings for 2024/25, as set out in Appendix 2 to the report, for recommendation to the Annual Meeting of the Council on 15 May 2024.

This report seeks approval to amend the Audit Committee’s terms of reference including the appointment of an Independent Member, as recommended by the Audit Committee.

Background:

This report sought approval to amend the Audit Committee’s terms of reference including the appointment of an Independent Member, as recommended by the Audit Committee.

Councillor Browne, supported by Councillor Bowen proposed the recommendations set out in the report.

Decision:

The Council approved the revised terms of reference for the Audit Committee, as set out in Appendix 2 to the report, including the provision for an Independent Member to be appointed by the Audit Committee on a fully non-voting basis and on a term not exceeding 4 years (renewable once).

This report recommends that the Council agrees the appointment of a headteacher representative, a named substitute for the same position. A teacher representative, a named substitute for the same position, to the Council’s Children and Young people Overview and Scrutiny Committee.

Background:

This report sought approval to amend the Audit Committee’s terms of reference including the appointment of an Independent Member, as recommended by the Audit Committee.

Councillor Browne, supported by Councillor Bowen proposed the recommendations set out in the report.

Decision:

The Council approved the revised terms of reference for the Audit Committee, as set out in Appendix 2 to the report, including the provision for an Independent Member to be appointed by the Audit Committee on a fully non-voting basis and on a term not exceeding 4 years (renewable once).

This report provides a summary of the work of the Council’s Overview and Scrutiny Committees since the last report to Council on 19 October 2023.

Background:

This report provided a summary of the work of the Council’s Overview and Scrutiny Committees since the last report to Council on 19 October 2023.

Councillor Tejan, supported by Councillor Howcroft-Scott proposed the recommendations set out in the report.

Decision:

The Council noted the report.

This report gives an overview of treasury management activity since 1 April 2023 and presents a review of the Treasury Strategy approved by Council on 23 February 2023.

Background:

This report provided an overview of treasury management activity since 1 April 2023 and presented a review of the Treasury Strategy approved by Council on 23 February 2023.

The report had previously been considered by the Audit Committee on 29 November 2023, the minutes of which were set out at section 9 of the report and by the Cabinet on 19 December 2023, the decisions of which were set out at section 10 of the report.

The Leader of the Council, Councillor Maple, supported by Councillor Browne, proposed the recommendations set out in the report.

Decision:

The Council noted the report, including the comments of the Audit Committee and Cabinet decision set out at sections 9 and 10 of the report respectively.