Agenda and minutes

County Council - Thursday, 28th March, 2013 10.00 am

Venue: Council Chamber, Sessions House, County Hall, Maidstone. View directions

Contact: Peter Sass  01622 694002

Media

Items
No. Item

7.

Apologies for Absence

Additional documents:

Minutes:

The Director of Governance and Law reported apologies for absence from the following Members:

 

Roy Bullock

Chris Capon

Ian Chittenden

Trudy Dean

Keith Ferrin

Graham Gibbens

Jeremy Kite

James Tansley

8.

Declarations of Disclosable Pecuniary Interest or Other Significant Interest

Additional documents:

Minutes:

(1)               Mr Angell declared an interest in Item 7 Delivering Better Healthcare for Kent as his partner was a member of the Shadow Healthwatch Board.

 

(2)               Mr Wedgbury declared an interest in Item 12 (Motion for Time Limited Debate) as a serving firefighter and a branch official for the Fire Brigade Union.

 

(3)               Mr Cowan declared an interest as a foster carer with his wife in any item on the agenda that this might relate to.

 

(4)               Mr Daley declared an interest in Item 12 (Motion for Time Limited Debate) as a Member of the Kent Fire and Rescue Authority.

 

(5)               Mr Koowaree declared an interest in Item 12 (Motion for Time Limited Debate) as a Member of the Kent and Medway Fire Authority.  He also declared an interest as he had a great grandchild in care in any item on the agenda that this might relate to.

 

(6)               Mrs Stockell declared an interest in Item 12 (Motion for Time Limited Debate) as a Member of the Kent Fire and Rescue Authority.

9.

Minutes of the meeting held on 14 February 2013 and, if in order, to be approved as a correct record pdf icon PDF 113 KB

Additional documents:

Minutes:

RESOLVED that the minutes of the meeting held on Thursday 14 February 2013 be approved as a correct record and signed by the Chairman.

10.

Chairman’s Announcements

Additional documents:

Minutes:

(1)     The Chairman started his announcements by thanking those Members who had attended his charity film evening on Tuesday 26 March 2013.  He was pleased to be able to announce that over £600 had been raised for the two charities he supported.

 

(a)     Mundanya Regional Council delegation

 

(2)     The Chairman informed Members that a group of teachers and education officials from Mundanya in the Bursa district of the Marmaris region of Turkey would be joining them at lunch.  The delegation would be meeting during the morning with KCC officers who specialised in the reduction of absenteeism and truancy in school.

 

(b)     Death of Peter Wood

 

(3)     The Chairman announced that it was with regret that he had to inform Members of the death of Peter Wood, former Leader of Ashford Borough Council, who died on Friday 1 March 2013. 

 

(4)     The Chairman stated that Mr Wood had only recently temporarily stepped down from his position as Leader of the Council after undergoing a serious operation.  He had only been ill for a short time and his death had come as a shock to many.  He stated that he had attended the funeral representing the County Council and that the church had been packed.

 

(5)     The Chairman proposed to send a letter recording the Council’s sympathy and condolences to Mr Wood’s family in their sad bereavement.

 

(6)     RESOLVED unanimously that this Council desires to record the sense of loss it feels on the sad passing of Mr Wood and extends to his family and friends our heartfelt sympathy to them in their sad bereavement.

 

(c)     Kent Invicta Award

 

(7)     The Chairman announced that, later in the morning, it would give him great pleasure to present the 2013 Kent Invicta Award to John Surtees, former double world champion in Formula One Motorcars and 500cc Motorcycles and founder of the Henry Surtees Foundation. 

 

(d)     Receipt of a Petition from Mr Peter Lake

 

(8)     The Chairman stated that he had agreed to accept a petition during the meeting from Mr Lake. The petition related to road safety issues in the Four Elms part of Mr Lake’s division.  The Chairman asked Mr Lake to present the petition which he then in turn presented to Mr Sweetland as the relevant Cabinet Member and asked him to ensure that it was investigated and responded to in accordance with the Council’s petition scheme.

11.

Questions pdf icon PDF 56 KB

Additional documents:

Minutes:

Under Procedure Rule 1.17 (4), 7 questions were asked and replies given.

12.

Report by Leader of the Council (Oral)

Additional documents:

Minutes:

(1)    The Leader stated that, as the ‘big event’ approached in five weeks, he was sure no one would be surprised if he reflected on four highly successful years for Kent County Council led by the Conservative team at County Hall. 

 

(2)    He said that they had been four challenging years that had necessitated enormous change but that the Council had taken on the challenge doing what they did best - innovating and modernising in the pursuit of continuously improved customer focused services for the residents of Kent.  These changes had been undertaken while still maintaining highly valued non-statutory services such as the Freedom Pass, concessionary travel, Community wardens and the Kent School Games.  Also of significant importance in these difficult economic times was supporting the Kent economy and Kent jobs through the very able Economic Development team.

 

(3)         He stated that the Corporate team has supported the organisation to deliver better quality for less through excellent financial controls and budget management; Personnel had managed sensitively substantial staff reductions; Procurement had delivered many millions of pounds of savings and the Property function had maintained and supported a complex array of property assets as well as a complex capital programme and delivered substantial capital receipts.

 

(4)         The Leader stated that in Education, the Council had taken on the Coalition Government’s change agenda and, in some cases, taken on the Government.   He stated that a mixed economy of different shades of schools had been achieved whilst thankfully, keeping a community of schools working together to drive up standards and improve life outcomes for all the young people of the county. Allied to this the Leader emphasised the phenomenal success of the apprenticeship programme ‘Kent Jobs for Kent Young People’.

 

(5)         In Adult Social Care, against rising demand, prevention and personalisation had been at the fore and the Leader stated that the future is bright as the Council worked with CCGs and GPs to deliver integrated community health.  He stated that he would touch on this more later on in the morning.

 

(6)         The Leader said that one could not and should not brush over the devastating shock of the critical OFSTED report on Children’s Services.  He stated that big lessons had been learnt, the Council had turned it around and were back on track - strong organisations recovered quickly and this is what had happened in this situation.

 

(7)    Moving onto Communities the Leader stated that here again the pace of change had been rapid.  He then turned to Highways and Waste, stating that they had a first class track record, literally reducing waste and minimising cost of disposal.  On roads maintenance he stated that he had no doubt that the ‘find and fix’ teams would steam through the major challenge that the harsh winter had delivered.

 

(8)    He said that the Council’s record on economic development was the envy of the South East of England, the Council had supported Kent business and its component sectors to grow in difficult  ...  view the full minutes text for item 12.

13.

Developing Better Healthcare for Kent pdf icon PDF 76 KB

Additional documents:

Minutes:

(1)               The Chairman announced that he had agreed that a short DVD was shown after Mr Gough’s introduction but before the debate on this item.  It was a DVD on health reform that has been produced by our Communications and Engagement team and can be viewed at http://bit.ly/10kYhF7

 

(2)               Following the debate the Chairman put to the vote the report’s recommendations, when the voting was as follows:

 

For (64)

 

Mrs A Allen, Mr M Angell, Mr R Bayford, Mr R Bird, Mr A Bowles, Mr D Brazier, Mr R Brookbank, Mr R Burgess, Miss S Carey, Mr P Carter, Mr N Chard, Mr A Chell, Mrs P Cole, Mr N Collor, Mr G Cooke, Mr B Cope, Mr H Craske, Mr A Crowther, Mr J Cubitt, Mr D Daley, Mr M Dance, Mr R Gough, Mr M Harrison, Mr W Hayton, Mr C Hibberd, Mr M Hill, Mr D Hirst, Ms A Hohler, Mrs S Hohler, Mr P Homewood, Mr E Hotson, Mr M Jarvis, Mr A King, Mr J Kirby, Mr G Koowaree, Mr P Lake, Mr R Lees, Mr S Manion, Mr R Manning, Mr A Marsh, Mr M Northey, Mr J Ozog, Mr R Parry, Mr R Pascoe, Mr T Prater, Mr K Pugh, Mr L Ridings, Mrs J Rook, Mr A Sandhu, Mr J Scholes, Mr J Simmonds, Mr C Smith, Mr K Smith, Mrs P Stockell, Mr B Sweetland, Mr R Tolputt, Mrs E Tweed, Mr M Vye, Mrs C Waters, Mr J Wedgbury, Mr M Whiting, Mrs J Whittle, Mr A Wickham, Mr A Willicombe

 

Against (2)

 

Mr L Christie, Mr G Cowan

Carried

 

(3)               RESOLVED that the County Council:

 

(a)       approve the Terms of Reference and Standing Orders to move the shadow Health and Wellbeing Board to full status in line with legislative requirements;

 

(b)       adopt the Joint Health and Wellbeing Strategy for Kent 2013 – 2014; and

 

(c)        consider ‘Delivering Better Healthcare for Kent’ a KCC discussion document outlining the opportunities the health reforms present to improving health and social care in Kent.

14.

Revision of Terms of Reference and Protocols for the Health Overview and Scrutiny Committee pdf icon PDF 71 KB

Additional documents:

Minutes:

(1)       Mr A King proposed, Mr Gough seconded that the County Council approved the revised Terms of Reference and Protocol for Health Overview and Scrutiny in Kent and recommended that Appendix 2, Part 2, of the Constitution be amended accordingly.

 

(2)       RESOLVED that these recommendations be agreed.

15.

Select Committee: Apprenticeships pdf icon PDF 238 KB

Additional documents:

Minutes:

(1)       Mr Dance proposed, Mr Cubitt seconded that the County Council endorse the Select Committee report, thank both the Select Committee for a useful report on a complex and challenging issue and the witnesses and others who provided evidence and made valuable contributions to the work of the Select Committee.

 

(2)       As the Chairman stated when he introduced this item the Select Committee report spanned three Directorates; Communities; Education, Learning & Skills and Regeneration & Economic Development.

 

(3)       Following a full debate it was RESOLVED that the recommendations be agreed.

16.

Treasury Management 6 Month Review 2012/13 pdf icon PDF 101 KB

Additional documents:

Minutes:

(1)               Mr Simmonds proposed, Miss Carey seconded that the County Council note the Treasury Management 6 Month Review 2012/13.

 

(2)               RESOLVED that the report be noted.

17.

Authority to participate in legal proceedings and Rights of Audience pdf icon PDF 84 KB

Additional documents:

Minutes:

(1)       Mr A King proposed, Mr Bowles seconded that the County Council approved the following amendment to Article 13.3, as underlined below:

 

“The Monitoring Officer is authorised to institute, defend or participate in and settle any legal proceedings, or authorise others to do so, in any case where such action is necessary to give effect to decisions of the Council or in any case where he considers that such action necessary to protect or pursue the Council’s interests or where he considers it expedient for the promotion or protection of the interests of the inhabitants of Kent” and

 

That the Monitoring Officer be authorised to hold a list of authorised officers pursuant to Article 13.3 and that the Monitoring Officer be authorised to make additions, removals or amendments to the list as appropriate in his opinion.

 

(2)       RESOLVED that the recommendations be agreed and the changes to the Constitution be made accordingly.

18.

Minutes for Approval pdf icon PDF 70 KB

Governance and Audit Committee – 19 December 2012

Additional documents:

Minutes:

(1)       Mr Long proposed, Mr Parry seconded that the Minutes of the meeting of the Governance and Audit Committee held on 19 December 2012 be approved.

 

(2)     Resolved that the Minutes be approved.

 

19.

Minutes for Information pdf icon PDF 77 KB

Planning Applications Committee – 11 December 2012, 16 January, 12 February and 13 March 2013

 

Regulation Committee – 22 January and 14 February 2013

 

Superannuation Fund Committee – 8 February 2013

Additional documents:

Minutes:

Pursuant to Procedure Rule 1.10(8) and 1.23(4), the minutes of the Planning Applications Committee meetings held on 11 December 2012, 16 January, 12 February and 13 March 2013; the Regulation Committee meetings held on 22 January and 14 February 2013 and the Superannuation Fund Committee meeting held on 8 February 2013, were noted.

20.

Kent Invicta Award

Additional documents:

Minutes:

(1)       The Chairman announced that it was his intention to present the Kent Invicta Award 2013 to John Surtees OBE. 

 

(2)       Mr Carter gave a citation as one of the Members who proposed that John Surtees should receive the award.

 

(3)       Mr Dance also paid tribute to John Surtees and the work he had done since they met in the late 1990s in engaging young people.

 

(4)       The Chairman presented the Award and a cheque for £5,000 payable to the Henry Surtees Foundation to John Surtees.  Mr Surtees then gave a very moving speech in reply to the Award and tributes.

 

21.

Motion for Time Limited Debate

Mr L Christie will propose, Mr G Cowan will second that:

 

This Council makes the installation of sprinklers a specific condition of a planning application:

 

Following the recent LGA Fire Conference and the introduction of the LGA Sprinkler toolkit  this Council agrees that, in order to ensure the safest possible design and planning of buildings and to protect the public of Kent, that this council adopts a policy making it a compulsory planning condition that any new developments or substantially altered buildings especially schools and social care buildings including those that provide residential accommodation (paid or otherwise) must include the installation of a suitable sprinkler system for the intended use.

 

Where a planning applicant believes there are sound reasons for not including a sprinkler system, a written submission setting out a clear rationale, with details of the alternative measures to reduce the risk from fire for building occupants must be provided.

Additional documents:

Minutes:

(1)       Mr L Christie will propose, Mr G Cowan will second that:

 

This Council makes the installation of sprinklers a specific condition of a planning application:

 

Following the recent LGA Fire Conference and the introduction of the LGA Sprinkler toolkit  this Council agrees that, in order to ensure the safest possible design and planning of buildings and to protect the public of Kent, that this council adopts a policy making it a compulsory planning condition that any new developments or substantially altered buildings especially schools and social care buildings including those that provide residential accommodation (paid or otherwise) must include the installation of a suitable sprinkler system for the intended use.

 

Where a planning applicant believes there are sound reasons for not including a sprinkler system, a written submission setting out a clear rationale, with details of the alternative measures to reduce the risk from fire for building occupants must be provided.

 

(2)       Mr Sweetland proposed, Mr Brazier seconded the following amendment:

 

“Following the recent LGA Fire Conference and the introduction of the LGA Sprinkler toolkit this Council agrees that:

 

1.            This Council has always stringently complied with building control and fire regulations. However in order to ensure the safest possible design and planning of buildings and to protect the public of Kent, this Council extends its current position of encouraging the installation of sprinklers in new school and social care premises where this is the most appropriate solution, and investigates the feasibility of adopting a policy for mandatory installation of sprinklers where the Council is the planning authority, recognising that water based sprinkler systems may not always be the best means of tackling fire.  This issue should be brought forward for debate as soon as possible after the County Council elections to the relevant Cabinet Committee and the Kent Forum.

 

2.            In order to supplement the Kent Design Guide, which provides essential information for planner and builders in relation to the standards expected of planning authorities within Kent, and to ensure that KCC provides the safest possible design guidance for planners and building occupants, this Council alongside Kent Fire & Rescue Service should ensure that the Kent Design Guide covers the installation of sprinkler systems.

 

(3)       Following the debate the Chairman put to the vote the amendment set out in (2) above, when the voting was as follows:

 

For (48)

 

Mrs A Allen, Mr M Angell, Mr A Bowles, Mr D Brazier, Mr R Brookbank, Mr R Burgess, Miss S Carey, Mr P Carter, Mr A Chell, Mr N Collor, Mr G Cooke, Mr B Cope, Mr H Craske, Mr A Crowther, Mrs V Dagger, Mr M Dance, Mr J Davies, Mr R Gough, Mr M Harrison, Mr W Hayton, Mr M Hill, Mr D Hirst, Ms A Hohler, Mrs S Hohler, Mr P Homewood, Mr E Hotson, Mr M Jarvis, Mr A King, Mr S Manion, Mr R Manning, Mr A Marsh, Mr M Northey, Mr R Pascoe, Mr K Pugh, Mr L Ridings, Mrs J Rook,  ...  view the full minutes text for item 21.