Meeting documents

Cabinet
Wednesday, 16th June, 2010 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
CB 10/052 Declarations of interest.
Councillor Worrall declared a personal interest in the Pembury Hospital Update item referred to in the Community Development Advisory Board notes on the grounds of being a non-executive director of Maidstone and Tunbridge Wells NHS Trust.

Councillor Heslop declared a personal interest in the Parking Action Plan item referred to in the Joint Transportation Board minutes on the grounds of being a member of the governing body of West Kent College.
CB 10/053 Minutes
RESOLVED: That the Minutes of the meeting of the Cabinet held on 30 March 2010 be approved as a correct record and signed by the Chairman.
MATTERS FOR RECOMMENDATION TO THE COUNCIL
CB 10/054 2010/11 Corporate Performance Plan
The joint report of the Leader and Chief Executive presented the Corporate Performance Plan for 2010/11 which followed the format of previous versions of 'Spotlight on our performance' which had been well received by the Audit Commission. The Plan contained actions in respect of the key priorities for improvement agreed by the Council on 18 February 2010 and reviewed performance over the past year. Thanks were recorded to the staff of the Improvement and Development Unit for their work on production of the document.

RECOMMENDED: That the Corporate Performance Plan for 2010/11 be adopted by the Council.
*Referred to Council
CB 10/055 Risk Management Strategy
The Director of Finance presented a revised Risk Management Strategy which was due to be considered by the Audit Committee on 21 June 2010. One minor change from the existing strategy was highlighted reflecting the reduction in frequency of risk register reviews.

RECOMMENDED: That the revised Risk Management Strategy set out at Annex 1 to the report be adopted subject to consideration of any subsequent changes identified by the Audit Committee.
*Referred to Council
CB 10/056 Petition Scheme
The Central Services Director reported on the requirement under the Local Democracy, Economic Development and Construction Act 2009 for every local authority to adopt a Petition Scheme and to have an on-line petition facility in place by 15 December 2010. Consideration was given to a draft scheme based upon the model produced by the Department for Communities and Local Government.

Concern was expressed that the model scheme could prove more restrictive than the Council's current practice and clarification was sought on how decisions would be taken regarding acceptance of valid petitions and any action arising from them. The Central Services Director outlined the investigations being undertaken in respect of procurement of an online petition facility and possible costs. Members considered that the petition scheme should be adopted on an interim basis to meet statutory requirements but the position be reviewed and updated at the next meeting with the benefit of comparative information from other authorities.

RECOMMENDED: That

(1) the draft Petition Scheme set out at the annex to the report be approved on an interim basis (by the Cabinet in respect of executive functions and the Council in respect of non-executive functions) and a further report be presented to the next meeting with comparative information on the schemes, including thresholds, adopted by other Kent authorities together with clarification of the process for dealing with petitions and making decisions arising from them;

(2) the Central Services Director be designated as the Petitions Officer and requested to report annually to the Council on the operation of the scheme;

(3) the Central Services Director, as Monitoring Officer, be requested to incorporate the Petition Scheme in the Council's Constitution and make consequential amendments; and

(4) the Central Services Director and Information Technology Manager be requested to undertake the procurement of an on-line petition facility in accordance with the Council's Financial Regulations.
*Referred to Council
CB 10/057 Tonbridge Racecourse Sportsground - Improvement Plan
 
Item LAA 10/021 referred from Leisure and Arts Advisory Board minutes of 18th May, 2010

Consideration was given to the recommendations of the Leisure and Arts Advisory Board at its meeting of 18 May 2010 in relation to proposed phased improvements at Tonbridge Racecourse Sportsground.

RECOMMENDED: That

(1) the proposed phased improvements at Tonbridge Racecourse Sportsground, as detailed in the report, be approved;

(2) Phase 1 of the improvements be progressed in the current financial year subject to further consultation with key stakeholders;

(3) the Capital Plan Renewals programme be re-profiled as detailed in paragraph 1.3.1 of the report;

(4) the action taken to bring forward a new Capital Plan scheme for the teen facilities, centre path and picnic area be confirmed and the Council be recommended to approve a supplementary estimate for the reasons outlined in the report; and

(5) Phase 2 of the improvements be progressed when funding is secured.

*Referred to Council
DECISIONS TAKEN IN ACCORDANCE WITH PARAGRAPH 4, PART 3 OF THE CONSTITUTION
CB 10/058 Revenue and Capital Outturn 2009/10
 
Decision Notice D100072CAB

 
CB 10/059 Private Sector Housing Update
 
Item SH 10/020 referred from Strategic Housing Advisory Board minutes of 17th May, 2010
 
Decision Notice D100073CAB

 
CB 10/060 Treasury Management Update
 
Item FP 10/027 referred from Finance and Property Advisory Board minutes of 26th May, 2010
 
Decision Notice D100074CAB

 
CB 10/061 M20 Junction 4 and A228 Leybourne and West Malling Bypass - Operational and Safety Review
 
Item JTB 10/014 referred from Joint Transportation Board minutes of 14th June, 2010
 
Decision Notice D100075CAB

 
MATTERS SUBMITTED FOR INFORMATION
CB 10/062 Matters referred from Advisory Boards
The notes of the meetings of the following Advisory Boards were received, any recommendations contained therein being incorporated within the decisions of the Cabinet reproduced at the annex to these Minutes.

Strategic Housing Advisory Board of 17 May 2010
Leisure and Arts Advisory Board of 18 May 2010
Local Environmental Management Advisory Board of 25 May 2010
Finance and Property Advisory Board of 26 May 2010
Community Development Advisory Board of 9 June 2010

RESOLVED: That the report be received and noted.
CB 10/063 Matters referred from Advisory Panels and Other Groups
The Minutes of the meetings of the following Advisory Panels and other Groups were received, any recommendations contained therein being incorporated within the decisions of the Cabinet reproduced at the annex to these Minutes.

Tonbridge Forum of 24 May 2010
Joint Transportation Board of 14 June 2010

RESOLVED: That the report be received and noted.
CB 10/064 The Queen's Speech and Related Issues
The report of the Chief Executive gave an overview of the policy announcements and legislative proposals issued by the Coalition Government. A copy of the Coalition Agreement was annexed to the report together with Local Government Association briefing notes on the content of the Queen's Speech and spending cuts announced by the Chancellor of the Exchequer. Attention was drawn to the abolition of comprehensive area assessment and regional spatial strategies and to implications for the Coldharbour Gypsy and Traveller Site of the reduction in funding available to the Homes and Communities Agency.

The Director of Finance updated the position on implications for the Council in the current financial year of the announced reduction in government grants to local authorities. However, it was noted that the impact in future years could not be assessed pending the Emergency Budget on 22 June and the comprehensive spending review in the autumn. Further reports would be presented to Members in due course as more detail became available.

RESOLVED: That the report be received and noted.
CB 10/065 Equality Act 2010
The report of the Chief Executive provided a summary of the changes and implications arising from the Equality Act which would be brought into force during 2010/11. Details of preparations being made to enable the Council to meet the requirements of the Act were set out in the annex to the report.

RESOLVED: That the report be received and noted.
CB 10/066 2011 Census
The report of the Information Technology Manager gave details of preparations for the next Census for England and Wales to take place on Sunday 27 March 2011. A copy of a Councillor Handbook produced by the Office for National Statistics was annexed to the report together with a summary of actions requested of local authorities to help support the Census in each area. An outline was given of activities carried out to date in support of the Census locally and it was noted that briefings were being arranged for the Parish Partnership Panel and Tonbridge Forum to increase awareness and seek assistance as necessary.

RESOLVED: That the report be received and noted.
CB 10/067 Performance Indicators - 2009/10
The Central Services Director presented the results of those National Performance Indicators and Local Performance Indicators monitored regularly for the fourth quarter and, cumulatively, for the whole of the previous financial year.

RESOLVED: That the report be received and noted.
CB 10/068 Tonbridge Castle Gateway Construction Contract - Report under Financial Procedure Rule 24.7
As required under Financial Procedure Rule 24.7 the Central Services Director reported the circumstances applying to the Tonbridge Castle Gateway Construction contract where the final account value had exceeded the accepted tender sum by more than 5%.

RESOLVED: That the report be received and noted.
CB 10/069 Chairman's Announcements
The Chairman took the opportunity to update Members on the outcome of two recent meetings which he had attended. The Kent Leaders and Chief Executives meeting had supported the Borough Council's decision to encourage the Government to introduce improved planning enforcement powers (Decision no D100023MEM refers); had discussed the Standards Board regime; and advocated increasing the period for demonstration of established use to 10 years and introducing a nominal charge for Freedom of Information requests to recognise the impact on resources.

Reference was also made to an extraordinary meeting of the South East England Councils which had resolved a number of matters relating to the future of regional governance structures including its own position. The organisation would continue to operate on an interim basis in significantly reduced form in order to keep open the channels of communication with the Government. Members considered it important for the Council's interests to continue to be represented in the future debate.
MATTERS FOR CONSIDERATION IN PRIVATE
CB 10/070 Exclusion of Press and Public
The Chairman moved, it was seconded and

RESOLVED: That as public discussion would disclose exempt information, the following matter be considered in private.
PART 2 - PRIVATE
MATTERS FOR RECOMMENDATION TO THE COUNCIL
CB 10/071 Sale of Cemetery Lodge, Tonbridge
(Reason: LGA 1972 Sch 12A Para 3 - Financial or business affairs of any particular person)
 
Item FP 10/035 referred from Finance and Property Advisory Board minutes of 26th May, 2010

  • (Attachment: 52)Joint report of Chief Leisure Officer and Central Services Director
  • (Attachment: 53)Annex
Consideration was given to the recommendations of the Finance and Property Advisory Board at its meeting of 26 May 2010 in respect of provision of replacement office accommodation for the Cemetery Registrar following the sale of Cemetery Lodge.

RECOMMENDED: That

(1) the proposed alterations to provide appropriate office accommodation for the Cemetery Registrar, as highlighted within the report, be approved;

(2) the costs associated with the works be met from the capital receipt received from the sale of Cemetery Lodge; and

(3) the action taken to bring forward a new Capital Plan scheme be confirmed and the Council be recommended to approve a supplementary estimate for the reasons outlined in the report.
*Referred to Council
The meeting ended at 2058 hours

Attendance Details

Present:
Cllr M S Worrall (Chairman), Cllr D J Aikman, Cllr Mrs J A Anderson, Cllr O C Baldock, Cllr M A C Balfour, Cllr M A Coffin and Cllr N J Heslop

Action by Director of Finance -
actioned

Action by Director of Finance -
actioned.
In attendance:
Councillors Bolt, Cure, Rogers, Mrs Simpson and Thornewell were also present pursuant to Access to Information Rule No 22.

An apology for absence was received from Councillor Dobson.