Agenda for Council on Wednesday, 28th September, 2022, 7.00 pm

Agenda and minutes

Venue: Council Chamber - Civic Centre Folkestone

Contact: Jemma West 

Media

Items
No. Item

28.

Declarations of Interest

Members of the Council should declare any discloseable pecuniary interest or any other significant interests in any item/s on this agenda.

Supporting documents:

Minutes:

There were no declarations of interest at the meeting.

29.

Minutes

To receive the minutes of the meeting of the council held on 27 July 2022 and to authorise the Chairman of the Council to sign them as a correct record.

Supporting documents:

Minutes:

The minutes of the meeting held on 27 July 2022 were submitted, approved and signed by the Chairman.

 

30.

Chairman's Communications

Additional documents:

Minutes:

The Chairman advised on the events he had attended since the last meeting which included:

 

·       In May, he had attended an event to mark the anniversary of the Sidney Cooper Fountain. He extended thanks to all those who had attended.

·       On 4 August, he had hosted his own event at Westenhanger Castle. He stated it had been a fantastic day, and he would recommend for anyone who hasn’t already, that they visit the castle.

·       On 6 August he attended the annual Shrievalty of Canterbury event.

·       On 11 August, he attended the Memorial Service for Roman Casino at the Royal British Legion.

·       On 12 August he attended a charity bowls event in Dartford, which was his first attempt at bowls.  

·       On 15 August he attended a VJ Service where he laid a wreath.

·       On 17 August he attended the Hythe Venetian Fete. He stated that the event gets better each year.

·       On 31 August he attended a walkabout in his ward with the Chief Executive. He thanked her for her time.

·       On 2 September, he attended a moving Merchant Navy War Memorial Service in Dover and laid a wreath.

·       On 11 September, he attended a county proclamation service in Maidstone, and led the district proclamation outside the council offices. He commented that it was a sad day.

·       On 15 September he attended the Battle of Britain Memorial and laid a wreath.

 

31.

Petitions

A petition asking for the path between the Seaview Bridge and the Tram Shelter on Princes Parade has been received and has a total of 284 signatures. As per the petitions scheme, set out in part 4 of the constitution, petitions which receive more than 250 signatures can be presented to a meeting of Full Council.

Supporting documents:

Minutes:

The Lead Petitioner, Chris Farrell, presented her Petition, which asked for the path between the Seaview Bridge and the Tram Shelter on Princes Parade to remain accessible after work is completed daily and at weekends.

 

Proposed by Councillor Prater,

Seconded by Councillor Whybrow; and

 

RESOLVED:

That the petition be referred to the Overview and Scrutiny Committee for their observations before deciding whether to examine the issues raised by the petition (option b as set out in the report).

 

(The recommendation was agreed by affirmation of the meeting).

32.

Questions from the Public

1.   From Mr Andrew Barchi to Councillor Mrs Hollingsbee, Deputy Leader of the Council and Cabinet Member for Communities

 

        B.T. is in the process of digitalising its residential tel nos. The effect of this can be to cut off ones lifeline without warning. This has already happened to many 000s. Your lifeline reputation is very good but one emergency call not answered could destroy that. Will you, as Folkestone and Hythe District Council, ask BT give you its forward program so that you & your customers can be warned & central control be prepared? BT will no doubt be very reluctant to do that but you must insist. One death, and you have saved many, would abolish your reputation. There are solutions but they are often individual to each BT customer.

 

Supporting documents:

Minutes:

The questions asked, including supplementary questions (if any), and the answers given are set out in Schedule 1, appended to these minutes.

33.

Questions from Councillors

(Questions can be found on www.folkestone-hythe.gov.uk from noon 2 days before the meeting, on Modern.gov, under the agenda for this meeting).

 

Up to 45 minutes is allowed for questions from councillors.

Supporting documents:

Minutes:

The questions asked, including supplementary questions (if any), and the answers given are set out in Schedule 2, appended to these minutes.

 

34.

Announcements of the Leader of the Council

To receive a report from the Leader of the Council on the business of the cabinet and on matters that the leader considers should be drawn to the council’s attention. The leader shall have 10 minutes to make his announcements.

 

The opposition group will have an opportunity to reply to the leader’s remarks.  The opposition group leader shall have 5 minutes to respond after which the Leader of the Council will have a right of reply.  Any right of reply will be for a maximum duration of 5 minutes.

Additional documents:

Minutes:

The Leader gave the following announcements:

 

“Thank you Chairman. Good evening to you all.

 

Following the recent turmoil in the energy market and its effect on inflationary pressures across the national economy I have asked our officers review our spending and see if there are any areas in which we can make savings. As you heard in my answer to Councillor Jim Martin we do in fact keep our finances under constant review, but I feel that the situation needs to be assessed rapidly and that it would not be wise to delay any remedial solutions that are found. I have every confidence that the budget managers, as they have over the last two years, will come up with some cost saving ideas, they have been asked to protect front line services. We must be very wary of taking on any more non-essential costs.

 

You may have noticed that the occupancy of the Civic Centre is a lot less than it used to be as a result of more people working from home, Covid has accelerated what was a transformation objective. This has led us to ask if we need both of our large floors open especially during the winter, so from the 10th October we will trial shutting the first floor, thereby, saving on our heating bill and reducing our carbon emissions.

 

There is no doubt in my mind that a lot more fiscal pain is to come over the next two to three years, I do believe that we are in a position to weather it but only if we are prudent”.

 

 

Councillor McConville, on behalf of the Opposition, responded to the points raised and stated that on the news they had reported that this would be happening on a national level due to the extraordinary times we find ourselves in. He asked that the Finance and Performance Scrutiny Sub-Committee be consulted in respect of any possible ideas, and to look at any long-term prospective scenarios.

 

The Leader responded that he would be more than happy for the Sub-Committee to be consulted.

 

Proposed by Councillor Monk,

Seconded by Councillor Mrs Hollingsbee; and

 

RESOLVED:

 

That the announcements of the Leader be noted.

 

(The recommendation was approved by affirmation of the meeting).

 

35.

Opposition Business

The Labour Group has raised the following matter:

 

Council Resolves

 

·       To agree a programme of prospective councillor information and events.

·       This programme should include:

o   Both in person and virtual events at various dates and times between now and the deadline for close of applications. 

·       Events should have officers and councillors in attendance to both answer questions and offer insight into the day to day processes of being a councillor and also hear first hand the pros and cons associated with the life of a councillor. 

·       A comprehensive package of information detailing (but not limited to)

o   The remit of the council

o   How to become a councillor, election timetables

o   Election processes, expenses, ballot papers etc

o   Councillor Job description

o   New councillor training.

o   Council meetings.

o   Other possible roles/commitments as a councillor.

o   How council decisions are made and a decision making structure

o   Major projects and their implications. 

o   Current Plans and Policies

o   A regular communication stream reminding residents of 

o   The election in May and key associated dates. 

o   The opportunity to become a councillor

o   what the council is responsible for (as opposed to KCC etc)

o   The prospective councillor programme and how to get involved. 

 

 

Debates on opposition business shall be limited to 30 minutes.  If the time limit is reached or the debate concludes earlier, the leader of the group raising the item shall have a right of reply.

 

The Council shall:

 

a)         Note the issue raised and take no further action;

b)         Refer the issue to the cabinet or relevant overview and scrutiny committee, as the case may be for their observations before deciding whether to make a decision on the issue;

c)         Agree to examine the matter as part of a future scrutiny programme;

d)         Adopt the issue raised by opposition business provided that the decision so made is within the policy framework and budget.

Additional documents:

Minutes:

The Leader of the Labour Group, Councillor McConville, set out the Opposition Business which related to prospective councillor information and events.

 

Proposed by Councillor McConville,

Seconded by Councillor Meade; and

 

RESOLVED:

That Option (d) (Adopt the issue raised by opposition business provided that the decision so made is within the policy framework and budget) be agreed for the business below:

 

·       To agree a programme of prospective councillor information and events.

·       This programme should include:

o   Both in person and virtual events at various dates and times between now and the deadline for close of applications. 

·       Events should have officers and councillors in attendance to both answer questions and offer insight into the day to day processes of being a councillor and also hear first hand the pros and cons associated with the life of a councillor. 

·       A comprehensive package of information detailing (but not limited to)

o   The remit of the council

o   How to become a councillor, election timetables

o   Election processes, expenses, ballot papers etc

o   Councillor Job description

o   New councillor training.

o   Council meetings.

o   Other possible roles/commitments as a councillor.

o   How council decisions are made and a decision making structure

o   Major projects and their implications. 

o   Current Plans and Policies

o   A regular communication stream reminding residents of 

o   The election in May and key associated dates. 

o   The opportunity to become a councillor

o   what the council is responsible for (as opposed to KCC etc)

o   The prospective councillor programme and how to get involved. 

 

(The recommendation was agreed by affirmation of the meeting).

36.

Motions on Notice

The following motions have been placed on the agenda in the order received; up to 60 minutes shall be allowed for debates on motions on notice:

 

1.    From Councillor Whybrow (Green Group)

Residents are deeply concerned about water quality and the impact of regular wastewater discharge, which includes untreated sewage, into our local rivers and seas and the impact on wildlife and on human health.

 

Releasing sewage into our seas and rivers is no longer an emergency-only situation occurring as a result of severe storms, but an everyday occurrence even in ‘normal’ rainfall, and that we are in a situation of cumulative overload on the sewage and wastewater system.

 

According to the Rivers Trust in 2021 there were 20 spills in our district over a period of 164 hours.

 

Whilst there are long term commitments, there are no plans in place which will address the immediate unacceptable situation either locally by Southern Water or by national government.

 

Both the local and national planning policy requires a robust approach to both water quality and pollution and a recent legal opinion from the Environmental Law Firm confirms the need to consider cumulative impact. Yet planning consultation documents show that it has not been the practice of council planners to ask Water Companies to report on cumulative impact i.e. whether or not development may lead to any potential increase in ‘emergency’ discharge into rivers and seas.

 

This Council resolves to:

 

1.       Recognise this Council’s obligation to protect its rivers and seas, including from the cumulative impacts of pollution,

 

2.       Make sufficient resources available to work proactively with the statutory authorities to ensure that an evidence base is compiled that assesses the cumulative impact of sewage discharge so that this is factored into decisions made in new iterations of the local plan, including the overall level of future development.

 

3.       Seek to better understand the cumulative impact of wastewater discharge including untreated sewage on our local rivers, wildlife and the health of our residents.

 

4.       To take a lead on addressing this issue, working constructively with other agencies.

 

5.       Ask Southern Water, from this date onwards, in its planning consultation responses for major development, to clarify which treatment works will be managing the sewage; whether it has the information available to assess the impact on the number or duration of sewage discharges into local rivers or seas, and if it does have this information to share it (noting that this can only be requested not required).

 

6.       Request that planning officers, from now onwards, include in all reports relating to major development a specific section on the impact on watercourses including the potential for the development to affect sewage outflow into watercourses (i.e. cumulative impact), or to flag if this information is not fully available, so that this information (or the lack of it) is clearly and transparently set out.

Additional documents:

Minutes:

Councillor Whybrow, Green Group, set out her motion which raised concerns about water quality and the impact of regular wastewater discharge. 

 

Councillor Peall proposed an amendment to the original motion, to remove the second point within the motion, and add in a point that Southern Water be invited to attend a meeting of the Overview and Scrutiny Committee to find a practical way to address the issue, and that the matter be referred to an appropriate Working Group, whether a new group, or an existing one. Councillors Whybrow and Prater both accepted the amendment. Therefore the amendment became the substantive motion.

 

Proposed by Councillor Whybrow

Seconded by Councillor Prater; and

 

RESOLVED:

 

That the following actions be agreed:

 

1.             Recognise this Council’s obligation to protect its rivers and seas, including from the cumulative impacts of pollution,

 

2.             That Southern Water be invited to attend a meeting of the Overview and Scrutiny Committee in order to find practical ways to address the issue, and that the matter be referred to an appropriate working group, whether that be a new group or existing one.

 

3.       Seek to better understand the cumulative impact of wastewater discharge including untreated sewage on our local rivers, wildlife and the health of our residents.

 

4.       To take a lead on addressing this issue, working constructively with other agencies.

 

5.       Ask Southern Water, from this date onwards, in its planning consultation responses for major development, to clarify which treatment works will be managing the sewage; whether it has the information available to assess the impact on the number or duration of sewage discharges into local rivers or seas, and if it does have this information to share it (noting that this can only be requested not required).

 

6.       Request that planning officers, from now onwards, include in all reports relating to major development a specific section on the impact on watercourses including the potential for the development to affect sewage outflow into watercourses (i.e. cumulative impact), or to flag if this information is not fully available, so that this information (or the lack of it) is clearly and transparently set out.

 

(Voting figures: 24 for, 1 against, 2 abstentions).

37.

Update to the General Fund and Housing Revenue Account Capital Programmes

This report updates the General Fund and Housing Revenue Account Capital Programmes for changes which have occurred since the Council approved the budget for these on 10 and 23 February 2022 respectively. Changes to the Capital Programme, including updated Capital Prudential Indicators, are required to be submitted to full Council for consideration and approval.

Supporting documents:

Minutes:

The report updated the General Fund and Housing Revenue Account Capital Programmes for changes which have occurred since the Council approved the budget for these on 10 and 23 February 2022 respectively. Changes to the Capital Programme, including updated Capital Prudential Indicators, are required to be submitted to full Council for consideration and approval.

 

Proposed by Councillor Godfrey,

Seconded by Councillor Monk; and

 

RESOLVED:

1.         That report A/22/17 be received and noted.

2.         That the changes to the General Fund and Housing Revenue Account Capital Programmes be approved, as outlined in section 2 of the report.

3.         That the updated Capital Prudential Indicators, as outlined in section 3 of the report, be approved.

 

(Voting figures: 23 for, 0 against, 4 abstentions).

38.

Regulation of Investigatory Powers Act 2000 - Policy

This report sets out the Council’s policy on the use of directed surveillance and covert human intelligence sources under the Regulation of Investigatory Powers Act 2000.

Supporting documents:

Minutes:

The report set out the Council’s policy on the use of directed surveillance and covert human intelligence sources under the Regulation of Investigatory Powers Act 2000.

 

Proposed by Councillor Monk,

Seconded by Councillor Mrs Hollingsbee; and

 

RESOLVED:

 

1.       That report A/22/18 be received and noted.

2.       That the RIPA policy and procedure, as set out in appendix 1 to the report, be approved.

 

(The recommendations were agreed by affirmation of the meeting).

39.

Report to Council on a decision made in accordance with the constitution's call-in and urgency rule

The constitution provides that, when an urgent decision is made by the Cabinet or Cabinet Member, for which any delay in implementation, likely to be caused by the call-in process, would seriously prejudice the Council’s or public interest, then the ‘Call-in Rules of Procedure’, Part 6.3, rules 1-6 do not apply.  Decisions, taken as a matter of urgency, must be reported to the next available meeting of the Council, together with the reasons for urgency. 

Supporting documents:

Minutes:

The constitution provides that, when an urgent decision is made by the Cabinet or Cabinet Member, for which any delay in implementation, likely to be caused by the call-in process, would seriously prejudice the Council’s or public interest, then the ‘Call-in Rules of Procedure’, Part 6.3, rules 1-6 do not apply.  Decisions, taken as a matter of urgency, must be reported to the next available meeting of the Council, together with the reasons for urgency. 

 

Proposed by Councillor Monk,

Seconded by Councillor Prater; and

 

RESOLVED:

That report A/22/16 be received and noted.

 

(The recommendations were agreed by affirmation of the meeting).