Agenda and minutes

Council - Wednesday, 22nd February, 2023 7.00 pm

Venue: Council Chamber - Civic Centre Folkestone

Contact: Jemma West 

Media

Items
No. Item

51.

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:

Councillors Rolfe and Mrs Berry declared an interest in respect of the agenda item relating to the General Fund Budget and Council Tax 2023/24 as they are Directors of Oportunitas.

 

Councillors Mrs Hollingsbee and Shoob also made declarations in respect of the agenda item relating to General Fund Budget and Council Tax 2023/24 as they are directors of Otterpool Park LLP.

52.

Minutes

To receive the minutes of the meeting of the council held on 30 November 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 30 November 2022 were submitted, approved and signed by the Chairman.

 

53.

Chairman's Communications

Additional documents:

Minutes:

The Chairman gave the following communications:

 

“Since the last Council meeting in November, I have attended the following:

 

         A number of Christmas Receptions, Carol services and concerts in the district and wider area.

         Blessing of the Seas, Margate

         A number of charity events across the district and wider area

         Holocaust Memorial Services

         A number of Civic Services across the district and wider area

         Rotary Club Lunch – Celebrating 100 years”.

54.

Petitions

A petition asking for the hoarding along the entire Princes Parade site to be removed has been received and has a total of 325 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:

A petition asking for the hoarding along the entire Princes Parade site to be removed has been received and has a total of 325 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.

 

Proposed by Councillor Whybrow,

Seconded by Councillor J Martin; 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.

 

(Voting figures: 15 for, 12 against, 2 abstentions).

55.

Questions from the Public

1.     From Mrs Mary Lawes to Councillor Ray Field, Cabinet Member for Transport and Digital Transformation

 

Residents Permit Holders in Marine Crescent/Parade, The Stade/Folkestone Harbour & in some streets in zone (G) and (G1) are unable to park near their homes.

 

Why does this council give priority parking for visitors, 1 hour parking and contractors above resident permit holders, who cannot park near their homes because of these decision by council and the Cabinet member for Transport?

 

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.

56.

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.

57.

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 of the Council made the following announcements:

 

“Good evening to you all.

 

Following Cabinet this afternoon, I am pleased to say that it was agreed to formally accept the £19.8 million Levelling Up allocation so we can look forward to the transformation of Folkestone town centre within two years.

 

We have received from the government Local Authority Housing Fund £1.2 million which with match funding will be used to buy 9 houses to increase our stock. In the first instance they will be for allocation to Ukrainian and Afghan families. 

 

Our planning and policy team have just heard that our CIL Charging Schedule has been approved which means that there will be certainty for developers of what their costs will be. The team really has done well getting this approved, along with the Places and Policy and the Core Strategy Review, that is 3 pieces of major policy confirmed in a remarkably short time. Very well done.

 

Our S151 officer, Mrs Spendley is leaving us for pastures new next month and in the interim while we are recruiting to replace her, I am pleased to say that her position will be covered by a very experienced officer, Ms Morrison, whose range of experience is exactly what we require now.

 

As I am on staff matters, I want to formally acknowledge the stirling service given to us by Karen Everett who next Monday, will have been with us for 45 years. Always cheerful, efficient and helpful. Her input has helped us achieve the high level of Customer Service Excellence that we have been awarded. Thank you Karen”.

 

The Leader of the Opposition responded to the announcements and extended his thanks to the staff on acquiring nearly £20 million in funding. This was not an easy task, and had been a long process. Now the funding was secured, and the council had a broad plan, but as a council, there was still a lot of work to do in terms of communication and engagement with residents and community on that project. There was still a lot of varied public opinion, particular in respect of the bus station. There were many people who believe the council are just getting rid of buses.

 

With regard to the housing fund, he stated that this was very good news, as the local housing market was challenging. He hoped with this funding the 9 houses could be achieved, and be of a good quality. Again, communication with residents was important, as those sorts of things could cause friction in the community.

 

In respect of CIL charging, he queried how much say the community had in how CIL funds were apportioned? There was a charging schedule, and the infrastructure statement, but how much engagement with residents was there?

 

He then wished Charlotte well in her future endeavours, and congratulated Karen on her long service.

 

The Leader then agreed a massive amount of communication was needed in terms of the levelling up bid and its instigation.  ...  view the full minutes text for item 57.

58.

Opposition Business

There is no opposition business.

Additional documents:

Minutes:

There was no opposition business.

59.

Motions on Notice

There are no Motions on Notice.

Additional documents:

Minutes:

There were no motions on notice.

60.

Temporary polling Place (station) Changes at Parliamentary, Local, Police and Crime Commissioner Elections and Parish Polls

Supporting documents:

Minutes:

It is best practice to ensure delegated power is in place for elections to allow an appropriate officer to determine suitable, alternative arrangements if a polling place (station) is unavailable, or unsuitable for the needs of the election, electorate and/or legislation changes. Temporary measures could be later made permanent at a compulsory polling district and place review and this report seeks to ensure that the necessary authority is in place to ensure polling place requirements are met.

 

Proposed by Councillor Monk,

Seconded by Councillor Mrs Hollingsbee;  and

 

RESOLVED:

1.       That report A/22/26 be received and noted.

2.       That the Returning Officer / Acting Returning Officer be appointed with delegated authority to amend the designation of polling districts and polling places, on a temporary basis, should it become necessary to do so, in the course of conducting Parliamentary, local government, police and crime commissioner elections and parish polls.

 

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

61.

Second and Empty homes Premiums

From 1 April 2024, billing authorities will be given the ability to add a Council Tax premium to second homes and to amend existing long term empty home Council Tax premiums. This report reviews these proposals and recommends that some changes are introduced from the financial year 2024/25.

 

This report seeks an in-principle decision from Members to agree proposals in accordance with the Council Tax premium proposals set out within Leveling up and regeneration Bill, subject to Royal Assent being obtained. An early, in principle decision is recommended to allow timely decision to be made if and when the Royal Assent is granted.

 

Supporting documents:

Minutes:

From 1 April 2024, billing authorities will be given the ability to add a Council Tax premium to second homes and to amend existing long term empty home Council Tax premiums. The report reviewed these proposals and recommended that some changes be introduced from the financial year 2024/25.

 

The report sought an in-principle decision from Members to agree proposals in accordance with the Council Tax premium proposals set out within Levelling up and regeneration Bill, subject to Royal Assent being obtained. An early, in principle decision is recommended to allow timely decision to be made if and when the Royal Assent is granted.

 

Proposed by Councillor Monk,

Seconded by Councillor Godfrey;  and

 

RESOLVED:

1.       That report A/22/25 be received and noted.

2.       That a Council Tax premium be introduced to second homes from the 2024/25 financial year onwards in principle subject to the bill being enacted and guidance being published by Central Government.

3.       That amendments to Council Tax empty home premiums be adopted from the 2024/25 financial year onwards in principle as demonstrated in Table 2 subject to the bill being enacted and guidance being published by Central Government.

 

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

62.

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 Godfrey; and

 

RESOLVED:

1.       That report A/22/23 be received and noted.

 

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

63.

Review of Political Balance and Committee Membership

This report sets out a summary of the need to review the political balance and membership of committees following the resignation of Councillor P Martin to leave the Conservative Group and become an independent member. The report also sets out the requirement to appoint a Vice-Chairman of the Audit and Governance Committee.

 

Supporting documents:

Minutes:

The report set out a summary of the need to review the political balance and membership of committees following the resignation of Councillor P Martin to leave the Conservative Group and become an independent member. The report also set out the requirement to appoint a Vice-Chairman of the Audit and Governance Committee.

 

Proposed by Councillor Monk,

Seconded by Councillor Mrs Hollingsbee; and

 

RESOLVED:

1.       That report A/22/24 be received and noted.

2.       That the results of the review into the political proportionality of the Council and allocation of committee seats on a politically proportionate basis be noted.

 

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

 

Proposed by Councillor Keen,

Seconded by Councillor Meade;

 

That Councillor Davison be elected Vice-Chairman of the Audit and Governance Committee for the remainder of the current municipal year.

 

The proposal was LOST.

 

Proposed by Councillor Monk

Seconded by Councillor Mrs Hollingbee;

 

RESOLVED:

That Councillor Rolfe be elected Vice-Chairman of the Audit and Governance Committee for the remainder of the current municipal year.

 

In accordance with the council procedure rule 17.5, five members present demanded a recorded vote.

 

FOR COUNCILLOR ROLFE: Councillors Mrs Berry, Brook, Miss Carey, Collier, Field, Goddard, Godfrey, Hills, Mrs Hollingsbee, P Martin, Monk, Mullard, Peall and Rolfe (14).

 

FOR COUNCILLOR DAVISON: Councillors Davison, Fuller, Gane, Keen, Keutenius, J Martin, McConville, Meade, Prater, Shoob, Treloar, Whybrow, Wimble and Wing (14).

 

ABSTENTIONS: Councillor Meyers (1).

 

(Voting figures: 14 for Councillor Rolfe, 14 for Councillor Davison, 1 abstention).

 

In accordance with council procedure rule 17.2, as there was an equal number of votes for both candidates, the Chairman used his casting vote, and Councillor Rolfe was therefore elected as the Vice-Chairman of the Audit and Governance Committee for the remainder of the municipal year.

 

(Voting figures: 15 for Rolfe, 14 for Davison, 1 abstention).

64.

Update to the General Fund Medium Term Capital Programme

This report updates the General Fund Medium Term Capital Programme for the five-year period ending 31 March 2028. The General Fund Medium Term Capital Programme is required to be submitted to full Council for consideration and approval as part of the budget process.

 

Supporting documents:

Minutes:

The report updated the General Fund Medium Term Capital Programme for the five-year period ending 31 March 2028. The General Fund Medium Term Capital Programme is required to be submitted to full Council for consideration and approval as part of the budget process.

 

Proposed by Councillor Prater,

Seconded by Councillor Whybrow;

 

That an additional recommendation be inserted, to become recommendation two that The Princes Parade allocated budget of £42,616,000 be deleted and that a future capital programme considers the required budget for a leisure centre on an alternative site, probably at Martello Lakes.

 

In accordance with the council procedure rule 17.5, five members present demanded a recorded vote.

 

FOR: Councillors Davison, Fuller, Gane, Keen, Keutenius, J Martin, McConville, Meade, Prater, Shoob, Treloar, Whybrow and Wing (13).

 

AGAINST: Councillors Mrs Berry, Brook, Miss Carey, Collier, Field, Goddard, Godfrey, Hills, Mrs Hollingsbee, P Martin, Meyers, Monk, Peall, Rolfe and Wimble (15).

 

ABSTENTIONS: Councillor Mullard (1).

 

(Voting figures: 13 for, 15 against, 1 abstention).

 

The motion was therefore LOST.

 

Proposed by Councillor Monk,

Seconded by Councillor Mrs Hollingsbee; and

 

RESOLVED:

1.       That report A/22/27 be received and noted.

2.       That the updated General Fund Medium Term Capital Programme as set out in appendix 1 to the report, be approved.

3.       That the Flexible Use of Capital Receipts Strategy for 2023/24 as set out in appendix 2 to the report be approved.

 

(Voting figures: 15 for, 13 against, 1 abstention).

65.

Capital Strategy 2023/24 and Minimum Revenue Provision Statement 2023/24

This report sets out the Council’s proposed strategy in relation to capital expenditure, financing and treasury management in 2023/24 to be approved by full Council. The report also sets out the Prudential Indicators for capital expenditure and the Minimum Revenue Provision Statement for 2023/24 to be approved by full Council.

Supporting documents:

Minutes:

The report set out the Council’s proposed strategy in relation to capital expenditure, financing and treasury management in 2023/24 to be approved by full Council. The report also set out the Prudential Indicators for capital expenditure and the Minimum Revenue Provision Statement for 2023/24 to be approved by full Council.

 

Proposed by Councillor Monk,

Seconded by Councillor Mrs Hollingsbee, and

 

RESOLVED:

1.       That report A/22/28 be received and noted.

2.       That the 2023/24 Capital Strategy, including the Prudential Indicators, set out in appendix 1 to the report be adopted

3.       That the Minimum Revenue Provision (MRP) Statement for 2023/24 set out in appendix 2 to the report be adopted.

 

(*Voting: 19 for, 8 against, 0 abstentions).

 

* There were two members not present in the chamber for the consideration of this item.

66.

Investment Strategy 2023/24

This report sets out the Council’s proposed strategy for its service and commercial investments in 2023/24 to be approved by full Council.

 

Supporting documents:

Minutes:

The report set out the Council’s proposed strategy for its service and commercial investments in 2023/24 to be approved by full Council.

 

Proposed by Councillor Monk,

Seconded by Councillor Mrs Hollingsbee; and

 

RESOLVED:

1.       That report A/22/29 be received and noted

2.       That the 2023/24 Investment Strategy, including the Investment Indicators, set out in the appendix to the report be adopted.

 

(Voting: 23 for, 6 against, 0 abstentions).

 

67.

Draft Housing Revenue Account Revenue and Capital Original Budget 2023/24

This report sets out the Housing Revenue Account (‘HRA’) Revenue and Capital Budget for 2023/24 for approval and proposes an increase in weekly rents and an increase in service charges for 2023/24 both for approval.

Supporting documents:

Minutes:

The report set out the Housing Revenue Account (‘HRA’) Revenue and Capital Budget for 2023/24 for approval and proposes an increase in weekly rents and an increase in service charges for 2023/24 both for approval.

 

Proposed by Councillor Monk,

Seconded by Councillor Godfrey; and

 

RESOLVED:

1.       That report A/22/30 be received and noted.

2.       That the Housing Revenue Account Budget for 2023/24 be approved (Refer to paragraph 2.1 and Appendix 1).

3.       That the Housing Revenue Account Capital Programme budget 2023/24 be approved. (Refer to paragraph 4.1 and Appendix 2)

4.       That the increase in rents of dwellings within the HRA on average by £6.25 per week, representing a 7% increase with effect from 3 April 2023 (Refer to paragraph 3.2) be approved.

5.       That the increase in rents of shared ownership dwellings within the HRA by 7%, be approved with effect from 3 April 2023 (Refer to paragraph 3.2).

6.       That the increase in service charges (refer to section 3.5) be approved.

7.       That the Housing Revenue Account Medium Term Capital Programme 2023/24 – 2026/27 be approved. (Refer to paragraph 5.1 and Appendix 3).

 

(Voting figures: 20 for, 7 against, 2 abstentions).

68.

General Fund Budget and Council Tax 2023/24

This report concludes the budget setting process for 2023/24. It sets out recommendations for setting the council tax after taking into account the district’s council tax requirement (including town and parish council requirements and special expenses in respect of the Folkestone Parks and Pleasure Grounds Charity), the precepts of Kent County Council, the Kent Police & Crime Commissioner and the Kent & Medway Fire & Rescue Service.

 

Supporting documents:

Minutes:

The report concluded the budget setting process for 2023/24. It set out recommendations for setting the Council Tax after taking into account the district’s Council Tax requirement (including town and parish council requirements and special expenses in respect of the Folkestone Parks and Pleasure Grounds Charity), the precepts of Kent County Council, the Kent Police & Crime Commissioner and the Kent & Medway Fire & Rescue Service.

 

Proposed by Councillor Monk,

Seconded by Councillor Mrs Hollingsbee; and

 

RESOLVED:

 

1.         That report A/22/31 be received and noted.

2.         That the District Council’s budget for 2023/24 as presented in Appendix 1 to the report and the Council Tax requirement for 2023/24, be approved, to be met from the Collection Fund, of £14,289,513.

3.         That the following amounts be now calculated by the Council for the year 2022/23 in accordance with sections 31 to 36 of the Local Government Finance Act 1992 (the Act):

a)    £106,141,220 – being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2) (a) to (f) of the Act (as in Appendix 2).

b)    £91,851,707 – being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(3) (a) to (d) of the Act (as in Appendix 2).

c)    £14,289,513 – being the amount by which the aggregate at 3(a) above exceeds the aggregate at 3(b) above, calculated by the Council, in accordance with Section 31A(4) of the Act, as its council tax requirement for the year (as in Appendix 2).

d)    £357.44 – being the amount at 3(c) above divided by the tax base of 39,977.09 calculated by the Council, in accordance with Section 31B(1) of the Act, as the basic amount of its council tax for the year.

e)    £3,412,945 – being the aggregate of all special items (including parish precepts) referred to in Section 34(1) of the Act.

f)     £272.07 - being the amount at 3(d) above less the result given by dividing the amount at 3(e) above by the tax base of 39,977.09 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, ie Old Romney and Snargate.

g)    Part of the Council’s area

 

Folkestone

  373.97

Being the amounts given by adding to the amount at 3(f) above the special items relating to dwellings in those parts of the Council area mentioned here divided in each case by the appropriate tax base calculated by the Council, in accordance with Section 34(3) of the Act, as the basic amounts of its council tax for the year for dwellings in those parts of its area to which one or more special items relate.

 

Sandgate

 353.34

 

Hythe

 332.35

 

Lydd

 345.50

 

New Romney

 399.47

 

 

 

 

Acrise

 274.26

 

Elham

 355.68

 

Elmsted

 283.76

 

Hawkinge

 381.80

 

Lyminge

 363.56

 

Lympne

 326.29

 

Monks Horton

 281.78

 

Newington

 322.91

 

Paddlesworth

 282.84

 

Postling

 305.45

 

Saltwood

 306.61

 

Sellindge

 345.30

 

Stanford  ...  view the full minutes text for item 68.