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  • Agenda and minutes
  • Agenda and minutes

    Venue: Darent Room, Sessions House, County Hall, Maidstone. View directions

    Contact: Joel Cook/Anna Taylor  03000 416892/416478

    Media

    Items
    No. Item

    23.

    Minutes of the meeting held on 17 April 2018 pdf icon PDF 86 KB

    Additional documents:

    Minutes:

    RESOLVED that the minutes of the meeting held on 17 April 2018 were a correct record and that they be signed by the Chairman.

     

    24.

    Minutes of the meeting held on 10 May 2018 pdf icon PDF 79 KB

    Additional documents:

    Minutes:

    1.      Responding to a question from a Member, Joel Cook advised the Committee that the Social Isolation Select Committee was due to hold its inaugural meeting later in July, at which the chairman would be elected and the terms of reference agreed.  He explained that hearing sessions for the Select Committee would be undertaken from early September 2018.

     

     

    RESOLVED that the minutes of the meeting held on 10 May 2018 were a correct record and that they be signed by the Chairman.

     

    25.

    Proposed re-convening of the Kent Utilities Engagement Sub-Committee pdf icon PDF 79 KB

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    Minutes:

    1.      Members discussed the proposal, those with previous involvement in the Sub-Committee commenting that it was important to acknowledge that the attendance and contribution of the utility companies and regulators was entirely voluntary as KCC had no authority to formally scrutinise their activities.  It was also noted that the previously adopted approach of constructive dialogue and engagement had been effective and beneficial in making progress without assigning blame for perceived failures or problems. 

     

    2.      Members agreed that the Sub-Committee would be looking at issues that were important to residents and that the collaborative approach should be adopted, with consideration to be given to long term energy implications in Kent.  A Member also commented that the Sub-Committee should consider involving the motor industry, including manufacturers, in the discussions to allow consideration of the potential impact of electric cars in relation to energy demand.

     

    3.      It was noted that the proposed Membership of the Sub-Committee would be 7 Conservatives, 1 Liberal Democrat and 1 Labour, with Membership drawn from the whole council to be arranged by the relevant Groups.  In addition, it was recognised that an invitation would be extended to the Independent Group for 1 Member to attend the meetings as a guest.

     

    RESOLVED that the Kent Utilities Engagement Sub-Committee be re-convened as per the terms of reference and arrangements set out within the report.

     

    26.

    Managing Highway Infrastructure in Kent pdf icon PDF 93 KB

    Additional documents:

    Minutes:

    1.      The Leader of the Opposition sought to clarify the meeting arrangements regarding the involvement of external witness.  The Chairman confirmed his decision that the witness requested by the opposition groups would not be permitted to participate in the meeting.

     

    2.      Mr Whiting, Cabinet Member for Planning, Highways, Transport and Waste, introduced Simon Jones as the new Director of Highways, who was attending the meeting to observe the Scrutiny consideration.

     

    3.      Andrew Loosemore, Deputy Director of Highways, provided an overview of the Highways Maintenance process and policies as detailed in the report.  He explained that the funding for highway maintenance came from the Department for Transport (DfT) and clarified that the grant was no longer given in its entirety as a matter of course as there were now additional processes all highway authorities had to undertake to qualify for the relevant funding as part of an incentivisation programme.  KCC had been a Band 1 authority and had since worked up to a band 3 authority.  This meant that a significant amount of additional work had been done just to avoid losing funding from the DfT.  Mr Loosemore advised that this process had involved a risk to KCC of losing £12.9m in funding from DfT.  He highlighted the good work of the Member Task and Finish Group in achieving the Band 3 status and securing continued receipt of the funds.

     

    4.      Mr Loosemore also explained that the Highway was the largest and most expensive asset, requiring considerable work on an annual basis; in excess of 7000 schemes annually.  To maintain the highway effectively, KCC ensured that statutory inspections were carried out in line with the schedule detailed in the report and that where defects were identified (based on the industry norms which cover necessary intervention) appropriate action was taken within a time period based on the type, location and seriousness of the defect.  Mr Loosemore advised that District Highways teams were involved in this process via responding to customer enquiries which covered a range of issues relating to the highways assets, not just ‘potholes’.  Responding to a question, Mr Loosemore advised that the estimated cost for returning the highway to a pristine standard over a long period of time would £600m.

     

    5.      Responding to questions, Mr Loosemore explained the process for prioritising defect reports and actions taken to address road safety concerns.  This focused on clarifying that the specific details of any defect dictated the appropriate response and that while the age or life expectancy of the road could impact on how often defects occur, the crucial point was always the nature of the defect and what risk it posed.  Mr Loosemore advised the Committee that KCC held records of all inspection frequencies across all roads in the network.  He explained that the hierarchy of prioritisation meant that different roads were inspected on different frequencies based on their level of priority.  Mr Loosemore reassured the Committee that the Highways Asset Management Contract had key performance indicators and requirements regarding  ...  view the full minutes text for item 26.

    27.

    Highway Claims pdf icon PDF 86 KB

    Additional documents:

    Minutes:

    1.      Mrs Crabtree, Deputy Cabinet Member for Finance, and Lee Manser, Insurance Manager, introduced the report which outlined the current situation in terms of claims and the legal processes relating to managing Highways Insurance claims.  Key points included that KCC had seen the lowest number of claims recorded in 2017 for five years at 649.  Since January, 1282 had already been recorded in 2018 and this was believed to be due to the severe weather and the associated increased deterioration of the highway.  However, it was highlighted that the number of claims being submitted was beginning to slow.

     

    2.      Mr Manser further explained the processes and legal position in relation to Highways Insurance Claims.  He advised that s41 and s58 were the two key sections of the Highways Act and that they meant that a claimant must show that the highway was dangerous and that this was the result of a failure to maintain.  Mr Manser explained that there were always a number of factors involved in each claim and that they were all assessed on their own merits.  However, he advised that even if a breach of s41 could be proved, that did not automatically mean that a claim would be paid.  KCC was able to provide a defence that demonstrated that the Council had a reasonable maintenance policy and that this was being reasonably carried out.  This meant that the existence of a defect in the road did not automatically constitute liability for KCC.  Mr Manser highlighted the impact of the severe weather in terms of the significant increase in claims it had precipitated.  He advised that this correlation was supported by information from the South East Insurance Group indicating that all south eastern local authorities were in a similar position in terms of increased claim numbers.  Mr Manser also clarified the statistics in the report, advising that the settlement rate for claims was 14%.  Of the claims made in 2018, 799 had been rejected and 299 were still subject to assessment but he advised that figures were changing daily as more cases were resolved and other claims were submitted – to date £16k had been paid out in 2018 in settled claims.

     

    3.      A Member asked questions about the independence of the claim assessment process, reading out a statement from the same stakeholder group as earlier, which set out criticisms of the KCC Highways Insurance team and their processes.

     

    4.      Mr Manser reassured the Committee that KCC had sympathy for those road users who had suffered due to defects in the road network but that the claim management process was undertaken in line with the Highways Act and relevant guidance, which meant that liability was not always present in these cases.

     

    5.      Responding to comments and questions, Mr Manser noted concerns regarding the wording on the claims pages of KCC website, recognising the Committee’s view that it was not inviting or supportive and appeared designed to dissuade people from making claims.

     

    6.      Responding to further questions, Mr  ...  view the full minutes text for item 27.

    28.

    Update on EHPS - Commissioned Youth Services Deep Dive

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    Minutes:

    Not discussed – Removed from agenda prior to meeting.

    29.

    MOTION TO EXCLUDE THE PRESS AND PUBLIC FOR EXEMPT BUSINESS

    That, under Section 100A of the Local Government Act 1972, the press and public be excluded from the meeting for the following business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the Act.

     

    EXEMPT ITEM

    (During this item the meeting is likely NOT to be open to the public)

    Additional documents:

    Minutes:

    RESOLVED That, under Section 100A of the Local Government Act 1972, the press and public be excluded from the meeting for the following business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the Act.

     

    30.

    Exempt minute of the meeting held on 17 April 2018

    Minutes:

    RESOLVED that the exempt minutes of the meeting held on 17 April were a correct record and that they be signed by the Chairman.