Visitors and members of the public who are unfamiliar with the building and procedures are advised that:

(a)      The fire alarm is a continuous loud ringing. In the event that a fire drill is planned during the meeting, the Chair will advise of this.

(b)      Exit routes from the chamber are located on each side of the room, one directly to a fire escape, the other to the stairs opposite the lifts.

(c)      In the event of the alarm sounding, leave the building via the nearest safe exit and gather at the assembly point on the far side of the car park. Do not leave the assembly point or re-enter the building until advised to do so. Do not use the lifts.

(d)      Anyone unable to use the stairs should make themselves known during this agenda item.

The Chair outlined the emergency evacuation procedure.

Councillors should not act or take decisions in order to gain financial or other material benefits for themselves, their families or friends.

The Chair will ask Members if they have any disclosable pecuniary interests (DPIs) or disclosable non-pecuniary interests (DNPIs) to declare in respect of items on the agenda. Members with a DPI in an item must leave the room for that item and may not participate in the debate or vote. 

Aside from disclosable interests, where a fair-minded and informed observer would think there was a real possibility that a Member might be biased or predetermined on an item, the Member should declare this and leave the room while that item is considered.

Members who are in any doubt about interests, bias or predetermination should contact the monitoring officer for advice prior to the meeting.

Councillors Monique Bonney and Derek Carnell declared a Non-Pecuniary Interest on Item 5 (Final Budget and Medium-Term Financial Plan including fees and charges) as they were both the Council’s representatives on the Lower Medway Internal Drainage Board.

To approve the Minutes of the meeting held on 14 December 2022 (Minute Nos. 523 – 532) and the Extraordinary Meeting held on 4 January 2023 (Minute Nos. 549 - 553) as correct records.

(Re the minutes of the meeting held on 14 December, an officer has raised that the recommendation for minute no. 527 be amended for clarity:

34-hour working week

Resolved:

(1)  That a formal staff consultation on the introduction of a 34-hour working week be commenced from 1 April 2023 if the 2023/24 budget proposal is agreed at Full Council in February 2023.

Suggested wording:

Resolved:

(1) That a formal staff consultation commences in January 2023 on the introduction of a 34-hour working week to commence on 1 April 2023, if the 2023/24 budget proposal is agreed at Full Council in February 2023.)

The Minutes of the Meeting held on 14 December 2022 (Minute Nos. 523 – 532) and the Extraordinary Meeting held on 4 January 2023 (Minute Nos. 549 – 553) were taken as read, approved and signed by the Chair as correct records, subject to the following amendment to the resolution for Minute No. 527 from th Extraordinary Meeting held on 4 January 2023, 34-hour working week:

Resolved:

(1)      That a formal staff consultation commences in January 2023 on the introduction of a 34-hour working week to commence on 1 April 2023, if the 2023/24 budget proposal is agreed at Full Council in February 2023.

Tabled update added 08.02.2023

-       Appendix II – Revenue Budget Proposals – Detailed – REVISED

-       Appendix II – Revenue Budget Proposals – Summary – REVISED

The Director of Resources introduced the report which set out the Council’s Revenue and Capital budget proposals for 2023/24, the Medium-Term Financial Plan (MTFP) and the Capital Strategy. She referred to the tabled update that showed the final settlement figures from government that had been received, which created a small change to a couple of figures in the budget.

The Chair invited Members to make comments, which included:

·           Sought extra information with regard to the temporary accommodation projects for the Ukrainian homes funding and the bridging project for Afghan refugees;

·           sought clarification on the final position on reserves;

·           if Members had proposals for the fees and charges figures, what was the best way to make the proposals?

In response, the Director of Resources said that the Council had a budget of £11 million to help fund the two temporary accommodation schemes which could be used for match-funding of the main scheme.  The Local Authority Housing Fund grant conditions meant that match-funding of the grant had to be applied for the delivery of the schemes.  The main element of the grant awarded to support Ukranian refugees allocated 40% of costs, with the Council providing the 60%, and 50% had been allocated for the bridging project for Afghan refugees. The proposal for the bridging project was to provide that funding to an external provider who would then deliver the project.

The Director of Resources said that there was budget contingency reserve of £2 million and the Council were re-using £1.65 million in the current year. The predictions for 2022/23 were that reserves would be £400,000 due to overspend and transfer of project funding to balance the budget, as set out in the report.

Finally, the Director of Resources summed up by saying that if Members had any proposals for cuts in fees and charges figures there would need to be balanced proposals, outlining where savings could be made.

The Chair proposed the recommendations as set out in the report and this was seconded by the Vice-Chair.

Recommended:

The Monitoring Officer introduced the report which set out the background to the Local Government Authority’s (LGA) development of a model code of conduct, and the main provisions of the code, highlighting differences to the current Swale code and what these differences were intended to address.

The Chair invited Members to make comments, which included:

·                Welcomed the code of conduct;

·                thought that point 2 in appendix 1, should include intimidation;

·                thought that the wording at 10.2, page 123, of the agenda pack should read ‘£50 or more’;

·                even if Members completed the Annual Registerable Interests form would they still have to declare charitable interests at every committee meeting?; and

·                thought that the code of conduct needed to remind Members that they were not just representing their own area but needed to make decisions based on the whole of Swale.

In response, the Monitoring Officer said that intimidation had not originally been included under point 2, as this was something that was covered under the cooperation of the Standards Committee, however if Members felt that this was important he was happy to include the extra wording. He said that Members did not need to declare every interest they had at every committee meeting, only those interests that were being referred to items under discussion at the committee meeting.

Councillor Lloyd Bowen proposed that an extra bullet point be included at point 2 of appendix 1 to read: ‘2.4 I do not intimidate any person’, and this was seconded by Councillor Mike Whiting.

Councillor Mike Whiting proposed that the wording at 10.2 be changed to read: ‘£50 or more’, and this was seconded by the Chair.

On being put to the vote both amendments were agreed.

With regard to the code of conduct and reminding Members that they represented the whole borough, the Monitoring Officer said that he was not sure this was a Standards or code of conduct matter. He felt that all Members should be considerate when they sat on Committees and made their decision for the benefit of the whole borough, not just their own ward.

The Chair proposed the recommendation as set out in the report and this was seconded by Councillor Mike Henderson.

Recommended:

(1)          That the LGA model code of conduct, as a replacement for the current Swale code of conduct (§ 3.17) be adopted with the addition of bullet point 2.4 at section 2 of the appendix as minuted and change of wording at 10.2 as minuted.

The Head of Finance and Procurement introduced the report which set out the management of the Council’s cash flows, borrowing and investments.

Councillor Roger Truelove proposed the recommendations as set out in the report and this was seconded by the Chair.

Recommended:

(1)      That the Treasury Management Strategy 2023/24 and the Prudential and Treasury Management Indicators be approved.

The Head of HR Shared Service introduced the report which set out that the Council had satisfied the requirements of section 38 of the Localism Act 2011.  The Act required that authorities must prepare a pay policy statement for the financial year 2012/13 and for each subsequent financial year; and that this statement must be agreed by full Council.

The Chair invited Members to make comments, which included:

·                Could not see free staff parking as a listed benefit on the pay policy;

·                page 175 had the pay freeze proposal, but wondered what effect this would have to the market supplements?;

·                was good to see that only 6% of facility time was spent by union officials; and

·                thought that having a good relationship with union officials was key

In response, the Head of HR Shared Service said that it was not a requirement for the pay policy to specify the free parking available to staff as this was not a paid benefit to staff.

In response to the staff pay freeze and whether the market supplement would change, the Chief Executive explained to Members that the market supplement was provided to posts that were difficult to recruit for. She added that the market supplement would not change and would still be offered as an incentive but hoped that offering reduced hours would also be an incentive for applicants. 

Recommended:

(1)      That the proposed Pay Policy Statement be agreed for publication on the council’s web site.

(2)      That the information within the Pay Policy Statement be up-dated with actual year-end figures before final publication.

Section 91 of the Local Government Act 1972 enabled the district council to appoint by order persons to fill vacant seats on inquorate town and parish councils.  The Monitoring Officer introduced the report which set out a draft procedure to be followed at Swale in making use of this power.

The Chair invited Members to make comments, which included:

·                Thought that this was a helpful document to provide advice to the Chief Executive;

·                sought clarification on whether the Council was under an obligation to appoint persons under this act?; and

·                questioned if there was any eligibility requirements for the person in order to fill the vacant seat?.

In response, the Monitoring Officer said that there were no requirements for a person to be appointed into a vacant seat and that the Chief Executive was under no obligation to fill the vacant seats. The Chief Executive added that it was important that Swale as the parent authority to parish councils were supportive to parish councils and helped them where they could.

Resolved:

(1)      That the procedure for appointing persons to inquorate parish councils at Appendix I be adopted.

Resolved:

(1)      That the report be noted.

Please see the reports below (exempt).

South Thames Gateway Building Control Business Plan 2023-2026

Resolved:

(1)      That the updated version of the Business Plan, incorporating any comments received, be approved and it be referred to the Cabinet or relevant Committee of each partner authority to approve the Final Draft Business Plan.

South Thames Gateway Building Control Memorandum of Agreement

Resolved:

(1)      That the changes to STG Building Control Partnership’s Memorandum of Agreement be approved and it be referred to the respective Councils to affix their Common Seals.

This item was considered in exempt session under minute number 640 and 641.

To decide whether to pass the resolution set out below in respect of the following items: That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 3 and 5 of Part 1 of Schedule 12A of the Act:

3. Information relating to the financial or business affairs of any particular person (including the authority holding that information).

5. Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

Resolved:

(1)      That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 and 5 of Schedule 12A of the Act:

3.      Information relating to the financial or business affairs of any particular person (including the authority holding that information).

5.      Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

Resolved:

(1)          That the recommendation as set out on the agenda be noted.

Resolved:

(1)      That the recommendation as set out on the agenda be noted.  

To decide whether to pass the resolution set out below in respect of the following item: That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Schedule 12A of the Act:

1.    Information relating to any individual.

Resolved:

(1)      That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Schedule 12A of the Act:

1. Information relating to any individual.

The Chief Executive introduced the report which requested permission to consult on a new Senior Management Structure which deleted a Head of Service Post.

Resolved:

(1)      That the recommendations to the Policy and Resources Committee as set out in the exempt report be agreed.

The Meeting was adjourned from 8:08 pm until 8:18 pm.