MAIDSTONE BOROUGH COUNCIL
MINUTES OF THE MEETING OF MAIDSTONE BOROUGH COUNCIL HELD AT THE TOWN HALL, HIGH STREET, MAIDSTONE
ON 2 March 2011
|
Present: |
Councillor Hotson (The Mayor) and Councillors Ash, Barned, Beerling, Mrs Blackmore, Bradshaw, Brindle, Burton, Butler, Chittenden, Daley, English, Field, FitzGerald, Garland, Mrs Gibson, Mrs Gooch, Greer, Ms Griffin, Hinder, Mrs Hinder, Horne, Mrs Joy, Lusty, Marchant, B Mortimer, D Mortimer, Naghi, Nelson-Gracie, Paine, Parvin, Mrs Parvin, Paterson, Pickett, Mrs Ring, Robertson, Mrs Robertson, Ross, Sams, Sellar, Sherreard, Mrs Smith, Mrs Stockell, Thick, Verrall, Vizzard, Warner, Mrs Wilson, J A Wilson, J E Wilson and Yates |
115. Minute's Silence
The Mayor and the Council stood in silence for one minute in memory of Charlie Bogg, a member of the Council’s IT Team, who had died suddenly on 12 January 2011.
116. Apologies for Absence
It was noted that apologies for absence had been received from Councillors Harwood, Miss Langley, Parr and Sharp.
117. Disclosures by Members and Officers
Councillors Ash, Burton, English, Mrs Gibson, Mrs Gooch, Hinder, Mrs Hinder, Horne, Marchant, B Mortimer, D Mortimer, Nelson-Gracie, Sams and J A Wilson disclosed personal interests, by virtue of being Parish Councillors, in the question to be asked of the Cabinet Member for Community Services regarding concurrent functions and the recommendations of the Cabinet to the Council relating to the Budget Strategy 2011/12 onwards in so far as they included a proposed reduction in concurrent functions funding.
Councillors Mrs Hinder, Sellar, Vizzard and Yates disclosed personal interests in the question to be asked of the Cabinet Member for Leisure and Culture regarding future support for the Maidstone/Beauvais Twinning Association by virtue of being the Council’s representatives on the Executive Committee of the Association.
Councillors FitzGerald, Mrs Joy and Parvin disclosed personal interests in the question to be asked of the Cabinet Member for Leisure and Culture regarding future support for the Maidstone/Beauvais Twinning Association by virtue of being members of the Executive Committee of the Association.
All Members disclosed personal interests in the report of the Standards Committee relating to the online registration of interests by virtue of being prospective users of the new system.
The Mayor, on behalf of all Members present, disclosed a personal interest in the report of the Standards Committee relating to Members’ Allowances by virtue of them being potential recipients.
Councillor Mrs Hinder disclosed a personal interest in the report of the Cabinet Member for Regeneration relating to the adoption of byelaws for the Boxley Warren Local Nature Reserve by virtue of being a member of the Boxley Warren Local Nature Reserve Advisory Committee.
Councillor Greer disclosed a personal interest in his report relating to the adoption of byelaws for the Boxley Warren Local Nature Reserve because he had been co-opted onto the Boxley Warren Local Nature Reserve Advisory Committee to oversee various works at the site.
118. Disclosures of Lobbying
There were no disclosures of lobbying.
119. Exempt Items
RESOLVED: That the items on the agenda be taken in public as proposed.
120. Minutes
RESOLVED: That the Minutes of the extraordinary meeting of the Borough Council held on 15 December 2010 (Whole Council Elections) be approved as a correct record and signed.
121. Minutes
RESOLVED: That the Minutes of the meeting of the Borough Council held on 15 December 2010 be approved as a correct record and signed.
122. Minutes
RESOLVED: That the Minutes of the extraordinary meeting of the Borough Council held on 15 December 2010 (New Executive Arrangements) be approved as a correct record and signed.
123. Mayor's Announcements
The Mayor announced that it had been a privilege, together with the Lord Lieutenant and the Commanding Officer of 36 Engineer Regiment, to receive Her Majesty the Queen on her visit to the Invicta Barracks the previous week. The Queen had inspected the troops and met injured soldiers and their families.
The Mayor then presided over the presentation of the Award of the Honorary Recorder. Councillor John Horne, who had devised the Award, marked the occasion with a speech on the history of the judiciary in Maidstone.
Having received the Award from Councillor Horne, the Mayor presented it to His Honour Judge Carey, the Honorary Recorder, who then presented it to students from Chelmsford County High School, the winners of the Regional Final of the Citizenship Foundation Mock Trial Competition held at the Law Courts in January. The Council congratulated the Chelmsford Team on their achievement, and wished them every success in the national finals of the Competition to be held in Belfast on 12 March.
124. Petitions
There were no petitions.
125. Question and Answer Session for Members of the Public
Questions to the Cabinet Member for Leisure and Culture
Mrs Glenda Goldfinch asked a question of the Cabinet Member for Leisure and Culture.
The Cabinet Member for Leisure and Culture responded to the question.
Councillor English, on behalf of the Leader of the Opposition, and Councillor FitzGerald, the Leader of the Independent Group, then responded to the question.
Mrs Goldfinch asked a supplementary question of the Cabinet Member for Leisure and Culture.
The Cabinet Member for Leisure and Culture responded to the question.
Councillor English, on behalf of the Leader of the Opposition, and Councillor FitzGerald, the Leader of the Independent Group, then responded to the question.
Questions to the Leader of the Council
Mr Martin Cox asked a question of the Leader of the Council.
The Leader of the Council responded to the question.
Councillor Mrs Wilson, the Leader of the Opposition, and Councillor FitzGerald, the Leader of the Independent Group, then responded to the question.
Mr Anthony Hill asked a question of the Leader of the Council.
The Leader of the Council responded to the question.
Councillor Mrs Wilson, the Leader of the Opposition, and Councillor FitzGerald, the Leader of the Independent Group, then responded to the question.
Mr Hill asked a supplementary question of the Leader of the Council.
The Leader of the Council responded to the question.
Councillor Mrs Wilson, the Leader of the Opposition, and Councillor FitzGerald, the Leader of the Independent Group, then responded to the question.
126. Questions from Members of the Council
Questions to the Leader of the Council
Councillor Horne asked questions and supplementary questions of the Leader of the Council.
The Leader of the Council responded to these questions.
Questions to Cabinet Members
Councillor Mortimer asked a question of the Cabinet Member for Community Services.
The Cabinet Member for Community Services responded to the question.
Councillor FitzGerald asked a question and a supplementary question of the Cabinet Member for Community Services.
The Cabinet Member for Community Services responded to these questions.
127. Current Issues - Report of the Leader of the Council and Response of the Group Leaders
There was no report from the Leader of the Council on current issues.
128. Report of the Cabinet held on 9 February 2011 - Budget Strategy - Corporate Revenue and Capital Budget 2011/12 Onwards
Before calling upon Councillor Garland to move the recommendations of the Cabinet relating to the Budget Strategy - Corporate Revenue and Capital Budgets 2011/12 onwards, the Mayor reminded Members that, in accordance with Council Procedure Rule 16.4, each Group Leader could speak for up to ten minutes when moving his/her Group’s budget proposals.
It was moved by Councillor Garland, seconded by Councillor Mrs Ring, that the recommendations of the Cabinet relating to the Budget Strategy - Corporate Revenue and Capital Budgets 2011/12 onwards be approved.
Amendment moved by Councillor Ash, seconded by Councillor Garland, that on Page 132 of Appendix A to the Record of Recommendation of the Cabinet, under Revenue Savings 2011/12 in the Leisure and Culture Portfolio, the saving for Parks and Open Spaces – Mote Park Parking of £15,000 be deleted and Parks and Open Spaces – Increased Income from Other Events of £15,000 be inserted.
AMENDMENT CARRIED
Amendment moved by Councillor Mrs Wilson, seconded by Councillor English, that the recommendations of the Cabinet to the Council relating to the Budget Strategy - Corporate Revenue and Capital Budgets 2011/12 onwards, as amended, be approved subject to the following amendments:-
1. That £40,000 be provided from revenue for the continuation of the Disabled Travel Voucher Scheme currently administered through Age Concern to be funded by the removal of £27,320 for Pest Control and the removal of £13,020 for Health Promotion from the Environment Revenue Budget.
2. That £2,000 be diverted from the Gypsy Site Improvements Account in the Regeneration Capital Programme and put towards landscaping and tree planting at the land recently acquired in Chatham Road.
3. That £250,000 be retained in the High Street Regeneration Budget 2011/12 to promote and pursue the business rate option for funding regeneration projects with central government and to complete any survey work that may still be required for the High Street and that £750,000 be diverted to a renewable energy project and £250,000 to the setting up of a green revolving loan.
The Cabinet Member for Environment advised the Council that he did not consider the first amendment to be necessary. A report would be submitted to him in the near future regarding the continuation of the Disabled Travel Voucher Scheme until April 2012 funded from balances.
With the agreement of her seconder, Councillor Mrs Wilson withdrew her first amendment.
The second and third amendments were voted on separately as follows:-
SECOND AMENDMENT CARRIED
In accordance with Council Procedure Rule 19.4, five Members of the Council requested that a named vote be taken on the third amendment.
FOR (21)
Councillors Beerling, Chittenden, Daley, English, Field, Ms Griffin, Mrs Joy, Marchant, B Mortimer, D Mortimer, Naghi, Paterson, Pickett,
Mrs Robertson, Robertson, Sams, Sellar, Mrs Smith, Warner, Mrs Wilson and J E Wilson.
AGAINST (28)
Councillors Ash, Barned, Mrs Blackmore, Bradshaw, Brindle, Burton, Butler, Garland, Mrs Gibson, Mrs Gooch, Greer, Hinder, Mrs Hinder, Horne, Hotson (The Mayor), Lusty, Nelson-Gracie, Paine, Mrs Parvin, Parvin, Mrs Ring, Ross, Sherreard, Mrs Stockell, Thick, Verrall, J A Wilson and Yates.
ABSTAINED (2)
Councillors FitzGerald and Vizzard.
THIRD AMENDMENT LOST
Amendment moved by Councillor FitzGerald, seconded by Councillor Sams, that the recommendations of the Cabinet to the Council relating to the Budget Strategy - Corporate Revenue and Capital Budgets 2011/12 onwards, as amended, be approved subject to the following amendments:-
1. That the cut to concurrent functions be reduced by £50,000 to bring it in line with the Government’s cut to the Borough Council of 16.17% and that savings of 2.5% be agreed from the £2million plus cost of managing parks and open spaces.
2. That Members’ devolved budgets be retained at a minimum level of £500 to support empowering individuals and communities, the basis of Localism and the Big Society, and that the money (£27,500) be taken from the unallocated Localism Activity Fund for one year only and reviewed in the light of the development of Neighbourhood Forums and the Localism Bill.
Councillors Ash, Burton, English, Mrs Gibson, Mrs Gooch, Hinder, Mrs Hinder, Horne, Marchant, B Mortimer, D Mortimer, Nelson-Gracie, Sams and J A Wilson disclosed personal interests in the first amendment, in so far as it related to the proposed reduction in concurrent functions funding, by virtue of being Parish Councillors.
The amendments were voted on separately as follows:-
In accordance with Council Procedure Rule 19.4, five Members of the Council requested that a named vote be taken on the first amendment.
FOR (5)
Councillors FitzGerald, Mrs Gooch, Marchant, B Mortimer and Sams.
AGAINST (25)
Councillors Ash, Beerling, Mrs Blackmore, Bradshaw, Brindle, Burton, Butler, Garland, Mrs Gibson, Greer, Hinder, Mrs Hinder, Horne, Hotson (The Mayor), Lusty, Nelson-Gracie, Paine, Mrs Parvin, Parvin, Mrs Ring, Ross, Sherreard, Verrall, J A Wilson and Yates.
ABSTAINED (21)
Councillors Barned, Chittenden, Daley, English, Field, Ms Griffin, Mrs Joy, D Mortimer, Naghi, Paterson, Pickett, Mrs Robertson, Robertson, Sellar, Mrs Smith, Mrs Stockell, Thick, Vizzard, Warner, Mrs Wilson and
J E Wilson.
FIRST AMENDMENT LOST
The second amendment was put to the vote.
SECOND AMENDMENT LOST
Amendment moved by Councillor Marchant, seconded by Councillor Sams, that the recommendations of the Cabinet to the Council relating to the Budget Strategy - Corporate Revenue and Capital Budgets 2011/12 onwards, as amended, be approved subject to the following amendment:-
That a one-off capital grant of £50,000 be made towards the purchase of St Stephens School by the Coombe Farm and Tovil Community Group and that a saving of the equivalent amount be made in the cost of the High Street project – this represents a tiny percentage of the total cost.
Councillor English disclosed a prejudicial interest in this amendment by virtue of being the Chairman of Tovil Parish Council which was involved in the discussions regarding the purchase of the School.
Councillor D Mortimer disclosed a prejudicial interest in this amendment by virtue of being a Member of Tovil Parish Council which was involved in the discussions regarding the purchase of the School.
Councillor FitzGerald disclosed a prejudicial interest in this amendment by virtue of being the Chairman of the Coombe Farm and Tovil Community Group.
Having disclosed prejudicial interests, Councillors English, FitzGerald and D Mortimer left the meeting whilst this amendment was discussed.
AMENDMENT LOST
The substantive motion was then put to the vote.
SUBSTANTIVE MOTION CARRIED
RESOLVED:
1.
That the revised revenue estimates for 2010/11, as set out in Appendix A
to the Record of Recommendation of the Cabinet (circulated separately), be
agreed.
2.
That the minimum
level of General Fund Balances be set at £2m for 2011/12.
3.
That the
proposed Council Tax of £222.39 at Band D for 2011/12 (a freeze at 2010/11
values) be agreed.
4. That the revenue estimates for 2011/12 incorporating the growth and savings items, as set out in Appendix A to the Record of Recommendation of the Cabinet, be agreed subject to the following:-
Leisure and Culture Portfolio - Revenue Savings 2011/12
Delete Parks and Open Spaces - Mote Park Parking - £15,000
Insert Parks and Open Spaces – Increased Income from Other Events - £15,000
5.
That the
Statement of Reserves and Balances, as set out in Appendix A to the Record of
Recommendation of the Cabinet, be agreed.
6. That the medium term Capital Programme, as set out in Appendix A to the Record of Recommendation of the Cabinet, be agreed subject to the following:-
Divert
£2,000 from the Gypsy Site Improvements Account in the Regeneration Capital
Programme to landscaping and tree planting at the land recently acquired in
Chatham Road.
7.
That the funding
of the Capital Programme, as set out in Appendix A to the Record of
Recommendation of the Cabinet, noting that the funding is dependent upon the
delivery of an assumed level of additional capital resources, be agreed.
8.
That the Medium
Term Financial Strategy, as set out in Appendix A to the Record of
Recommendation of the Cabinet, be agreed.
9.
That the Medium
Term Financial Projection, as set out in Appendix A to the Record of
Recommendation of the Cabinet, be endorsed as the basis for future financial
planning.
10.
That it be noted
that, at the meeting of the General Purposes Group on 9 December 2010, the
Council calculated its Council Tax Base for the year 2011/12, in accordance with
Regulations made under Section 33 (5) of the Local Government Finance Act 1992,
as 60,303.1 being the amount calculated by the Council in accordance with
Regulation 3 of the Local Authorities (Calculation of Council Tax Base)
Regulations 1992.
11.
That it be noted
that, as detailed in Appendix B, the Council Tax Base for each of the Parish
Areas, calculated in accordance with Regulation 6 of the Regulations, are the
amounts of its Council Tax Base for the year for dwellings in those parts of
its area to which a special item relates (Parish precepts).
12.
That the
following amounts now be calculated by the Council for the year 2011/12 in
accordance with Section 32-36 of the Local Government Finance Act 1992:-
(a)
£91,364,135
being the aggregate of the amounts which the Council estimates for its items
set out in Section 32 (2) (a) to (e) of the Act;
(b)
£70,412,489
being the aggregate of the amounts which the Council estimates for the items
set out in Section 32 (3) (a) to (c) of the Act;
(c)
£20,951,646
being the amount by which the aggregate at (a) above exceeds the aggregate at
(b) above, calculated by the Council, in accordance with Section 32 (4) of the
Act as its budget requirement for year;
(d)
£6,496,699 being
the aggregate of the sums which the Council estimates will be payable for the
year into its General Fund in respect of redistributed Non Domestic Rates and
Revenue Support Grant, increased by the amount which the Council estimates will
be transferred in the year from its Collection Fund to its General Fund in accordance
with Section 97 (3) of the Local Government Finance Act 1988 (Council Tax
Surplus) and increased by the amount which the Council estimates will be
transferred from its Collection Fund to its General Fund, pursuant to the
Collection Fund (Community Charges) Directions under Section 98(4) of the Local
Government Finance Act 1988 (Community Charge Surplus) and reduced by the
amount representing the authority’s contribution to Council Tax Benefit
resulting from an increase in its Council Tax calculated in accordance with the
Collection Fund (General) (England) Directions 2000, the Collection Fund
(Council Tax Benefit) (England) Directions 2000 and the Local Authorities
(Alteration of Requisite Calculations) (England) Regulations 2000;
(e)
£239.70 being
the amount at (c) above, less the amount at (d) above, all divided by the
amount at 10 above, calculated by the Council, in accordance with Section 33
(1) of the Act, as the basic amount of its Council Tax for the year;
(f)
£1,044,136 being
the aggregate amount of all special items referred to in Section 34 (1) of the
Act as detailed in Appendix B;
(g)
£222.39 being
the amount at (e) above, less the result given by dividing the amount at (f)
above by the amount at 10 above, calculated by the Council, in accordance with
Section 34(2) of the Act, as the basic amount of its Council Tax for the year
for dwellings in those parts of its area to which no special item relates;
(h)
As detailed in
Appendix C, being the amounts given by adding to the amounts at (g) above, the
amounts of the special item(s) relating to dwellings in those parts of the
Council’s area mentioned in Appendix B, divided in each case by the amount at
10 above, calculated by the Council, in accordance with Section 34(3) of the
Act, as the basic amounts of its Council Tax (detailed in Band D) for the year
for dwellings in those parts of its area to which one or more special items
relates;
(i)
As detailed in
Appendix C, being the amounts given by multiplying the amounts at (g) and (h)
above, by the number which, in the proportion set out in Section (5) (1) of the
Act, is applicable to dwellings listed in a particular valuation band, divided
by the number which in that proportion is applicable to dwellings listed in
valuation Band ‘D’, calculated by the Council, in accordance with Section 36
(1) of the Act, as the amounts to be taken into account for the year in respect
of categories of dwellings listed in different valuation bands.
13.
That it be noted
that for the year 2011/12 Kent County Council, the Kent Police Authority and
the Kent and Medway Towns Fire Authority have stated the following amounts in
precepts issued to the Council, in accordance with Section 40 of the Local
Government Finance Act 1992, for each of the categories of dwellings shown
below:-
|
Valuation Bands
|
KCC £ |
KPA £ |
KMTFA £ |
|
A |
698.52 |
92.45 |
45.30 |
|
B |
814.94 |
107.86 |
52.85 |
|
C |
931.36 |
123.27 |
60.40 |
|
D |
1047.78 |
138.68 |
67.95 |
|
E |
1280.62 |
169.50 |
83.05 |
|
F |
1513.46 |
200.32 |
98.15 |
|
G |
1746.30 |
231.13 |
113.25 |
|
H |
2095.56 |
277.36 |
135.90 |
14. That, having calculated the aggregate in each case of the amounts at 12 (i) and 13 above, the Council, in accordance with Section 30 (2) of the Local Government Finance Act 1992, hereby sets out in Appendix D, the amounts of Council Tax for the year 2011/12 for each of the categories of dwellings shown.
129. Report of the Cabinet held on 9 February 2011 - Treasury Management Strategy 2011/12-2013/14
It was moved by Councillor Garland, seconded by Councillor Mrs Wilson, that the recommendation of the Cabinet relating to the Treasury Management Strategy 2011/12 - 2013/14 be approved.
RESOLVED: That the Treasury Management Strategy for 2011/12 be approved.
130. Report of the Cabinet held on 9 February 2011 - Strategic Plan 2011-15
It was moved by Councillor Garland, seconded by Councillor J A Wilson, that the recommendations of the Cabinet relating to the Strategic Plan 2011-15 be approved.
RESOLVED:
1. That subject to the addition of a foreword from the Leader of the Council and an introduction from the Chief Executive, the proposed Strategic Plan 2011-15, attached as an Appendix to the Record of Recommendation of the Cabinet, be adopted.
2. That the Chief Executive be given delegated authority in consultation with the Leader of the Council to make minor amendments to the document as required.
131. Report of the Cabinet Member for Regeneration - Boxley Warren Local Nature Reserve Byelaws
It was moved by Councillor Greer, seconded by Councillor Mrs Wilson, that the recommendations of the Cabinet Member for Regeneration relating to the adoption of byelaws for the Boxley Warren Local Nature Reserve be approved.
RESOLVED:
1. That the byelaws for Boxley Warren Local Nature Reserve, attached as Appendix A to the Record of Recommendation of the Cabinet Member for Regeneration, be adopted.
2. That delegated authority be given to the Head of Legal Services to seal and confirm the byelaws following completion of the necessary legal process including the placing of an advertisement in the local newspaper.
3. That the appropriate Members and Officers be thanked for their work in connection with the making of these byelaws.
132. Report of the Standards Committee held on 10 February 2011 - Online Register of Interests
It was moved by Councillor Parvin, seconded by Councillor Marchant, that the recommendation of the Standards Committee relating to the online registration of interests be approved.
RESOLVED: That the use of the Mod.Gov committee administration software to enable all Borough Councillors and Co-opted Members of the Standards Committee to register their interests online and members of the public to inspect the Register of Interests forms online be approved and that the new arrangements be introduced at the start of the new Municipal Year.
133. Report of the Standards Committee held on 10 February 2011 - Report of the Joint Independent Remuneration Panel - Members' Allowances Scheme
It was moved by Councillor Parvin, seconded by Councillor Marchant, that the recommendation of the Standards Committee relating to Members’ Allowances be approved.
RESOLVED: That the recommendations of the Joint Independent Remuneration Panel on Members’ Allowances for Maidstone Borough Council, as set out in Appendix A to the report of the Standards Committee, be approved.
134. Report of the Licensing Committee held on 17 February 2011 - Licensing Sexual Entertainment Venues and Draft Policy for Sexual Establishments
It was moved by Councillor Parvin, seconded by Councillor Sellar, that the recommendations of the Licensing Committee relating to the licensing of sex establishments be approved.
RESOLVED:
1. That Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 as amended by Section 27 of the Policing and Crime Act 2009 relating to sex establishments be adopted to take effect from 1 May 2011, which will be the first appointed day as set out in the legislation.
2. That the Policy for Sex Establishments, including Sex Shops, Sex Cinemas and Sexual Entertainment Venues, attached as Appendix 1 to the report of the Licensing Committee, be adopted with effect from 1 May 2011.
135. Notice of Motion
The Mayor advised the Council that Councillor Garland had withdrawn his motion relating to EU funding.
136. Report of the Head of Democratic Services - Non-Attendance at Council Meetings
It was moved by the Mayor, seconded by Councillor Ash, that the recommendations contained in the report of the Head of Democratic Services relating to the absence from Council meetings of Councillor Miss Langley be approved.
RESOLVED:
1. That the approval of the reason of ill-health for non-attendance at Council meetings by Councillor Miss Langley be confirmed.
2. That the approval of the reason for absence be reviewed again at the meeting of the Council scheduled to be held on 22 June 2011.
137. Report of the Head of Democratic Services - Urgent Decisions taken by the Executive
The Mayor announced that this report was for information only.
138. Appointment of Mayor Select 2011/12
It was moved by Councillor Mrs Joy, seconded by Councillor FitzGerald, supported by Councillor Horne and:-
RESOLVED: That Councillor Brian Mortimer be appointed as Mayor Select for the Municipal Year 2011/12.
139. Appointment of Deputy Mayor Select 2011/12
It was moved by Councillor Lusty, seconded by Councillor Robertson, supported by Councillor Marchant and:-
RESOLVED: That Councillor Rodd Nelson-Gracie be appointed as Deputy Mayor Select for the Municipal Year 2011/12.
140. Duration of Meeting
6.30 p.m. to 9.50 p.m.