Agenda and minutes

To approve the record of the meeting held on 26 June 2014

The record of the meeting held on 26 June 2014 was agreed and signed by the Chairman as correct.

Apologies for absence were received from Councillors Griffiths, Mackinlay and Stamp. 

The Chairman will announce any late items which do not appear on the main agenda but which he has agreed should be considered by reason of special circumstances to be specified in the report. 

There were none. 

At the invitation of the Chairman, the Democratic Services Officer advised  there may be members of the press and public taking photographs, filming or audio-recording and reporting the proceedings. This was permitted under the Openness of Local Government Bodies Regulations 2014, which took effect on 6 August 2014. The Democratic Services Officer asked anyone exercising this right to do so in a way that did not disrupt the meeting and to ensure that any members of the public who were at the meeting to observe or participate in the proceedings were not filmed or recorded against their wishes. People wishing to make use of this new law were requested to move to the front row of the public gallery.

(A)              Disclosable pecuniary interests and other interests

A member need only disclose at any meeting the existence of a disclosable pecuniary interest (DPI) in a matter to be considered at that meeting if that DPI has not been entered on the disclosable pecuniary interests register maintained by the Monitoring Officer.

A member disclosing a DPI at a meeting must thereafter notify the Monitoring Officer in writing of that interest within 28 days from the date of disclosure at the meeting.

A member may not participate in a discussion of or vote on any matter in which he or she has a DPI (both those already registered and those disclosed at the meeting) and must withdraw from the room during such discussion/vote.

Members may choose to voluntarily disclose a DPI at a meeting even if it is registered on the council’s register of disclosable pecuniary interests but there is no legal requirement to do so.

Members should also ensure they disclose any other interests which may give rise to a conflict under the council’s code of conduct.

In line with the training provided to members by the Monitoring Officer members will also need to consider bias and pre-determination in certain circumstances and whether they have a conflict of interest or should otherwise leave the room for Code reasons.

(B)            Whipping

The Council’s constitution also requires any Member of the Committee who is subject to a party whip (ie agreeing to vote in line with the majority view of a private party group meeting) to declare the existence of the whip.

Disclosable pecuniary interests

There were none.

Other interests

There were none.

Whipping

There were no declarations of whipping.

This report advises the Committee of the petitions presented at Council meetings, received by the council or sent via the e-petition facility, including a summary of officer’s response to the petitioners.

Discussion:

The Committee received a report setting out petitions received and a summary of officers’ responses to petitioners.

The Committee noted that the lead petitioner for the petition relating to flooding in the Rochester High Street, presented at Council on 24 April 2014 by Councillor Murray, had originally requested that the matter be referred to this Committee, but had agreed that this be deferred pending works due to be undertaken in the area of Star Hill/Rochester High Street. These works had been carried out during 5/6 July 2014. The lead petitioner had since confirmed that the works appear to have resolved the problem and therefore he no longer wished this matter to be referred to the Committee.

In accordance with the Council’s petitions scheme, Mrs Baker (lead petitioner) for the ‘Improved Bus Services for Lower Rainham’ petition had asked for the petition to be referred to this Committee.

The Chairman invited Mrs Baker to address the Committee and drew attention to the information tabled, providing a summary of residents’ concerns.

Mrs Baker explained that for many elderly residents, bus services were a lifeline and, whilst residents were grateful for the offer of the 121 bus to serve Rainham North on a Saturday, it was noted that this was only a tentative suggestion and was subject to consultation with the Ward Councillors for Watling Ward.

Mrs Baker requested that further consideration be given to extending the 121 service on Mondays – Fridays on the Berengrave loop and that the proposed extension to the 130 service also be applied to the 131 service. It was pointed out that in Twydall the services were identical but that the 131 from Medway Hospital covered Rainham North with only 2 services a day. It was pointed out that whilst this proposed extension appeared to be only a short distance by bus, it was a long distance to walk for those in need of medical support and for elderly people.

With the agreement of the Committee, both Councillors Hewett and Purdy spoke on this item as Ward Councillors for Wards affected by the bus route proposals.

Councillor Hewett addressed the Committee in support of the residents’ requests for further changes to be made to bus services to serve residents in Rainham North and urged the Council to subsidise the 121 service to go round the Berengrave loop and for the 131 to be extended to turn around at Beechings Way/Yokosuka Way (near Will Adams Treatment Centre).

Councillor Purdy confirmed her support for the proposed changes to the 121 service to serve Rainham North on Saturdays.

The Integrated Transport Manager drew attention to the schedule circulated at the meeting which set out the existing services, the proposals set out in the petition, the Council’s response following negotiations with various bus companies, the petitioners’ latest response and officer comments.

He confirmed that the provision of bus services was not a statutory service and that Medway Council currently invested significant funds on the provision of bus services.

Referring to  ...  view the full minutes text for item 244.

The Portfolio Holder for Front Line Services will be held to account for matters within his portfolio relative to this Committee.

Discussion:

The Portfolio Holder for Front Line Services, Councillor Filmer attended the meeting to be held to account for the areas of his portfolio that fell within the remit of this committee.  Members asked questions and Councillor Filmer responded as follows: -

• Highways responsive maintenance

The Portfolio Holder for Front Lines Services confirmed that Viafix is a tarmac material used to fill holes in the road surface and provided a high quality, quick repair.

• Weekly waste collections

The Portfolio Holder for Front Lines Services noted the Committee’s appreciation for the weekly waste and recycling collections.

• Resurfacing of Vicarage Road, Gillingham

The Portfolio Holder for Front Line Services agreed to investigate why this road resurfacing scheme was not appearing on the resurfacing schedule and he agreed to respond direct to Councillor Juby.

• Pay and display parking in York Avenue, Gillingham

The Portfolio Holder for Front Line Services agreed to check the outcome of the consultation process on the provision of pay and display parking in York Avenue, Gillingham and advised that he would respond direct to Councillor Juby.

• Possible introduction of a kerbside recycling scheme for the collection of unwanted clothing

The Portfolio Holder for Front Line Services agreed to refer this matter to the Head of Waste Services for consideration.

• Possible bus link between Canal Road and Commissioners Road in Strood

The Portfolio Holder for Front Line Services agreed to check with the Assistant Director – Front Line Services as to progress on the possible provision of a bus link between Canal Road and Commissioners Road and agreed to respond direct to Councillor Hubbard.

• Possible reduction in the speed limit from 40mph to 30mph in Watling Street Strood and possible tree surgery to reduce the tree canopies to make the area lighter taking into account that this stretch of road is used by school children walking to and from school each day

The Portfolio Holder for Front Line Services agreed to investigate the possible reduction in the speed limit in Watling Street, Strood. He stated that the safety of children was a priority and therefore speed checks would be undertaken to assess whether it would be beneficial to reduce the speed limit on this road. He stated that Ward Councillors would be kept informed of progress on this issue.

• Concerns that works were due to be undertaken at Darnley Arches for a 6 week period particularly taking into account works also due to take place on the M2 by the Highways Agency

The Portfolio Holder for Front Line Services stated that the development of the scheme at Darnley Arches was largely dependent upon Network Rail and the utility services running through the site. In addition, the works at Darnley Arches were specifically scheduled so as not to clash with de-cluttering works in Strood Town Centre and Highway Agency works on the M2.

He agreed to investigate whether an alternative timeslot was available for these works but stressed that this may be dependent upon Section 106 funding deadline. Therefore, it may  ...  view the full minutes text for item 245.

The report sets out a summary of Medway’s performance for 2013/14 against the relevant Council priorities and two values for this Committee.  

Discussion:

The Committee received a report summarising the performance of the Regeneration, Community and Culture Directorate for Quarter 4, (January –March 2014) and end of year performance in achieving the outcomes agreed in the Council Plan 2013/2014.

It was noted that any performance information highlighted grey within the report was not relevant to this Committee as it fell under the responsibilities of other overview and scrutiny committees but had been included in the report to provide context and clarity as to how the priorities as a whole had been performing.

The Committee was advised that 21 out of 27 Council Plan key measures specific to this Committee were on target or had exceeded their target for 13/14. In addition, 14 measures of success had improved over the long term (compared with average performance over previous four quarters).

Under the priority  - A safe, clean and green Medway, it was reported that 6 out of 10 measures of success achieved or exceeded target and 4 out of 10 measures had improved since 2012/13.

Key performance highlights included:

- The Street Scene Enforcement Team dealing with 1,093 fly tips and issuing 403 Fixed Penalty Notices for littering, dog fouling etc.  In addition, 45 fly tipping and waste related cases had been prosecuted at Medway Magistrates Court with fines and costs totalling  £27,509.46.  In addition, 7 cautions had been administered and there was 1 conditional discharge.

- The Pan Kent Independent Domestic Violence Advocate Service (IDVA) had received 295 case referrals from Medway MARAC (Multi-agency Risk Assessment Conference) for IDVA (Independent Domestic Violence Advocacy) support in 2013/14. This represents 86% of all MARAC cases (342).

- The weekly recycling collection had been launched on 28 October following an extensive communications campaign and between  November 2013 to March 2014 the weekly collections had yielded positive results including:

-         An overall decrease of 3% black sacks

-         An overall increase of 10% in mixed recycling and paper

-         An overall increase of 43% in organic waste

-         5 parks had secured the Green Flag Standard for 2013 (Broomhill, The Vines, Hillyfields, Riverside Country Park, Capstone Farm Country Park)  with The Vines and Riverside Country Park having now secured Green Flag Awards for six consecutive years.

Under the priority everyone benefiting from the area’s regeneration, 15 out of  17 measures of success had achieved/exceeded target and 10 out of 15 measures had improved since 2012/13.

Key performance highlights this year included:

- The Traffic Operations Room now had real time traffic data from a greater number of count sites and traffic signal sites, which enabled better congestion monitoring.

- The Employ Medway service continued to be a success by achieving 379 job start-ups for 2013/14. This was an increase of 14% on the previous year (326).  Employ Medway and partners had been officially confirmed as the best provider in the South East and 3rd in the country for the number of customers sustaining employment beyond 6 months.

- During 2013/14 through engagement with local businesses, 600  ...  view the full minutes text for item 246.

This report sets out a response to questions raised by Councillor Osborne regarding the public facing component of the free wi-fi access across Medway and the nature of the data protection guidelines. 

Discussion:

The Committee received a report setting out a response to questions raised by Councillor Osborne concerning the public facing component of the free wi-fi access across Medway and the nature of the data protection guarantees.

The Committee was advised that the wi-fi service would focus on high footfall locations such as retail zones and key transport locations and would utilise networking equipment attached to specific assets, primarily street furniture capable of enabling core wireless network within its borders.

This service would enable digital and social inclusion for those who would typically not be able to access the internet and would allow equal accessibility regardless of the mobile network or service provider being used.

There would be no advertising on the street as the users’ mobile phones would indicate that they were in a wi-fi enabled area. Medway Council’s website would feature at the top of the list of services to be connected to.

The service would enable 30 minute free usage for every resident and visitor per handset every 24 hours. Should the user require further access then the service would be available at a fee.

Medway Council would have the ability to propose 3 websites which would be available to users free of charge 24 hours a day, 365 days per year. All sites, with the exception of the 3 free sites would be secured so that the user could not gain access without registering or purchasing time.

It was anticipated that the programme for setting up the service, including installation of equipment would be complete by the end of March 2015.

It was stressed that Medway would include a disclaimer on its front page to advise the user that they were registering with the service provider and not Medway Council.

The Chairman advised the Committee that this item included an exempt appendix setting out revenue implications and risk management and therefore if any Member wished to refer to these issues, the Committee would need to resolve to exclude the press and public.

In response to questions, the Head of ICT advised the following:

·        Officers had worked closely with London Boroughs where free wi-fi access was already available. She did however confirm that Medway Council would not receive a similar level of income raised through wi-fi access as some London Boroughs as it was recognised that mainline railway stations in London had a high footfall of public use.

·        A digital strategy was in the process of being discussed.

·        Officers were currently in discussion with both Planning and the Street Lighting Teams so as to ensure that the equipment used met their requirements.

·        Officers were in discussions with Medway’s Communications Team and Legal Services concerning the format and design of the Council’s homepage and any other branding before the service was launched.

·        The Council would not be the data controller for this project as the customer would register with the company providing the wi-fi service. However, the Council would ensure that the correct wording was on the front landing  ...  view the full minutes text for item 247.

This report updates Members on Food Safety and the work within the Food Safety Team and Trading Standards to help protect the public in Medway. 

Discussion:

The Committee received a report and presentation from the Food and Safety Team. The Head of Safer Communities drew attention to an error in the Committee report in that in paragraph 2.5, the date that data was published by the Food Standards Agency should read December 2013.

The Committee was informed that Medway Council was the responsible authority for the enforcement of food safety law within the majority of food premises in Medway and, as a unitary authority, also had responsibility for the enforcement of food standards and animal feed legislation.

Enforcement responsibilities were split between two teams within Commercial Services, with the Food and Safety Team being responsible for food hygiene and law enforcement and the Trading Standards Team being responsible for food standards and feed law enforcement. The Food Standards Agency (FSA) has overall responsibility to oversee this regulatory function.

The Committee was informed that the FSA annual report, relating to food hygiene inspections undertaken in 2012/13 had referred to the position Medway Council was in on 1 April 2013.  At that point, there had been 522 (21.6 %) unrated premises on the database.  On 1 April 2014, the number of unrated premises had reduced to 52 (2.5%) and at the end of July 2014, this figure has been further reduced to under 2%.

The Food and Safety Team inspected new food premises, and rated businesses according to risk, in accordance with the national Food Law Code of Practice. Inspection frequency was determined by this risk rating, with A being the highest risk (and most frequently inspected), and E being the lowest.  Inspection priorities were towards high-risk premises (A + B + non-compliant C) and all customer complaints were investigated, triggering inspections and/or revisits, as appropriate. Risk ratings were kept under review could go up or down as a result of intervention.

Since February 2013, Medway had participated in the Food Hygiene Rating Scheme (FHRS) run by the FSA.  This allowed Medway residents to make a judgment about using a particular premises based on its hygiene rating.

The Trading Standards Team undertook species testing (and wider analytical testing to determine compositional content). This work was undertaken both proactively e.g. Turkey Sampling at Christmas, reactively (responses to individual complaints) and through participation in national and regional intelligence focused sampling projects.

Following the presentation on food hygiene inspections in food businesses, officers answered Members’ questions as follows:

• It was confirmed that the Food and Safety Team worked closely with all food businesses in Medway and a number of other agencies (including local colleges and universities) in relation to sharing best practice, developing knowledge and improving standards for the public.
• Confirmation that owners of food establishments are not advised prior to food inspections taking place (unless appointments are necessary to facilitate access and/or the premises is a domestic house (whereby at least 24 hours notice must be given).
• The Council was bound by the Primary Authority principle, by which companies may enter into an agreement with a single local  ...  view the full minutes text for item 248.

This report outlines the review of the Medway Statement of Community Involvement and the associated consultation process. 

Discussion:

The Committee received a report outlining the review of the Medway Statement of Community Involvement (SCI) and the associated consultation process.

It was noted that the production of a SCI was a statutory requirement to support development policy and was a key document needed in order to progress through the stages to an adopted Local Plan.

The purpose of a SCI was to lay out concisely and clearly how the Council would engage with stakeholders in matters relating to the Local Plan and the principles to be considered in consulting on planning applications.

Appended to the report was the updated consultation draft of the SCI 2014. The Committee was advised that between 20 June – 4 August 2014 a full consultation process had been undertaken on the draft SCI. A schedule of comments received arising from the consultation process was appended to the report along with the Council’s suggested response.

The Committee was requested to consider the draft SCI and refer any comments to the Cabinet.

The Committee discussed the report and suggested that the section on publicity on planning applications be amended to include consultation with Councillors and Town Centre Forums and Town Centre Managers.

Decision: 

The Committee expressed its appreciation to officers for the comprehensive report on the draft revision of the Statement of Community Involvement and requested that Councillors, Town Centre Forums and Town Centre Managers be included within the stakeholders to be consulted upon planning applications.

This item advises Members of the current work programme and allows the Committee to adjust it in the light of latest priorities, issues and circumstances. It gives Members the opportunity to shape and direct the Committee’s activities over the year. 

Discussion:

The Committee received and considered its work programme.

The Democratic Services Officer reported upon a number of changes/additions to the Committee’s work programme which had been discussed at the agenda planning meeting, details of which were outlined in the report.

Decision:

The work programme be noted with the following revisions:

·        The report on the Review of Average Journey Times across Medway now be included in the section of the Work Programme headed ‘dates to be determined’.

·        The report on the Local Transport Plan – Timing of Bus routes and punctuality be scheduled for 18 December 2014.

·        A report on the Local Development Framework Annual Monitoring be scheduled for 18 December 2014.