Agenda and minutes

There were no declarations of interest at the meeting.

To receive the minutes of the meeting of the council and the Extraordinary meeting of the Council held on 17 January 2018 and to authorise the Chairman of the Council to sign them as a correct record.

The minutes of the meetings held on 17 January 2018 were submitted, approved and signed by the Chairman.

The Chairman gave the following update:

“If I review my activities during the past month, I would describe them as somewhat sombre. 

Although not present in my capacity as Chairman, I have attended the funerals of two community leaders within our area, one in the past was former Mayor of Hythe, Richard Trice, who served in that capacity in 1983-1985 and was a Councillor for 18 years. 

The other was for the Reverend David Adlington, the Incumbent of Folkestone Parish Church of St Mary and St Eanswythe together with St Peters Church, Folkestone, who died suddenly at a relatively young age.  I take this opportunity to recognise their valuable service to our Community.

I also attended Folkestone Town Councils annual commemoration of Holocaust Day.  Yet again there was a good level of support from across the Community.

On a lighter note, I have continued to support our local Mayors in their Charitable fund raising ventures”.

There were no petitions at the meeting.

1.            From Mr Southgate to Councillor Peall, Cabinet Member for the Environment

From 01/04/2017 to 20/11/2017, Shepway District Council, this council, received 744 reports of damaged bins all of which were listed as DAMAGED ON COLLECTION DAY. In November 2016, this council changed it's rules and made the cost for repair and replacement of damaged bins the responsibility of the residents, irrespective of who caused the damage. Can the council clarify this position and explain why it feels Shepway householders should foot the bill for refuse bins damaged by the refuge provider, Veolia?

2.            From Mr Rylands to Councillor Monk, Leader of the Council

The legislation regarding recording, filming and taking photographs at open public meetings in the Council chamber states NO PRIOR NOTIFICATION is necessary. SDC's Constitution part 5 - page 5/21 and 6 - page 6/14 state that it is. This appears to contradict both national legislation and the DCLG Guidance, so my question is:

Is prior permission to film, record or take photo's necessary or not?

3.            From Mr Corrs to Councillor Monk, Leader of the Council

The website haveibeenpwned dot com gives email accounts which have been compromised in a data breach.

It is know that various Officers’ official Shepway district council email addresses were comprised and released publicly.

What action was taken by SDC and was any data lost as a consequence of these email and passwords been placed into the public domain?

4.            From Mr Deane to Councillor Monk, Leader of the Council

Can you please outline the grounds which convince Shepway District Council and it’s planning department of the legal certainty that the changes to the Folkestone Seafront Development outlined in Planning Application Y17/1099/SH constitute a section 73 application and not the need for a new planning application?

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

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

The Leader of the Council gave the following announcements:

“Good evening to you all. 

As you have just heard in Councillor Mrs Hollingsbee’s reply about tackling deprivation, we are running a European match funded project called Folkestone Community Works and it was my pleasure to attend the official launch last week.  This project is very ambitious and when completed will have positively benefitted over a thousand people by helping them to be job ready, creating jobs and allowing businesses to grow.  All fo this being targeted to the areas of deprivation in East and Central Folkestone.  I would like to congratulate Dr Harvey and her team for their perseverance in successfully negotiating the almost impenetrable maze that is European Bureaucracy to win this funding.

Earlier this week it was announced that Homes England have acquired land in the Otterpool Park search area.  This is excellent news as it now means that the land assembly for the project is, in practical terms, complete and I look forward to working with them and accessing their expertise.

When we voted to change the name of the District there were a few people from the Marsh who felt that we had abandoned it.  This is not so and to emphasise the importance we place on the wellbeing of the Marsh, I am going to give Councillor Roger Wilkins support in his position on the Romney Marsh Partnership by nominating our Commercial Corporate Director John Bunnett to sit with him and ask both of them to formulate schemes that promote the uniqueness of the fifth continent.

I will stop now that there is a lot on the agenda tonight”.

Councillor Meyers, Leader of the Opposition, responded to the comments made by the Leader, and made the following points.

He was pleased to note the news relating to Folkestone Community Works, and congratulated Dr Harvey for securing the funding.  He stated that although the party were not fans of the EU, they would accept the funding.

He was also pleased to see that work would be taking place to promote Romney Marsh.  He had been a ward Councillor alongside Councillor Roger Wilkins for some time and would be happy to collaborate.

He then expressed his gratitude to officers and Councillors for working to extend the SWEP for the present increment weather. 

Councillor Monk, Leader of the Council, responded by thanking Councillor Meyers.

Proposed by Councillor Monk,

Seconded by Councillor Mrs Hollingsbee; and

RESOLVED:

That the announcements of the Leader of the Council be noted.

There is no opposition business.

There was no opposition business.

There are no motions on notice.

There were no motions on notice.

This report concludes the budget setting process for 2018/19. 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.

The report concluded the budget setting process for 2018/19. 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 Dearden,

Seconded by Councillor Monk; and

RESOLVED:

1.        That Report  A/17/23 be received and noted

2.        That the District Council’s budget for 2018/19 as presented in Appendix 1 to the report and the council tax requirement for 2018/19 be approved, to be met from the Collection Fund, of £12,183,131.

3.        That the following amounts be now calculated by the Council for the year 2018/19 be approved in accordance with sections 31 to 36 of the Local Government Finance Act 1992 (the Act):

a)    £100,643,071 – 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)    £88,459,940 – 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)    £12,183,131 – 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)    £317.99 – being the amount at 3(c) above divided by the tax base of 38,312.22 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)    £2,814,644 – being the aggregate of all special items (including parish precepts) referred to in Section 34(1) of the Act.

f)     £244.53 - being the amount at 3(d) above less the result given by dividing the amount at 3(e) above by the tax base of 38,312.22 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

This report sets out the Housing Revenue Account Revenue and Capital Budget for 2018/19 and proposes a decrease in rents and an increase in service charges for 2018/19.

The report set out the Housing Revenue Account Revenue and Capital Budget for 2018/19 and proposed a decrease in rents and an increase in service charges for 2018/19.

Proposed by Councillor Ewart-James,

Seconded by Councillor Dearden; and

RESOLVED:

1.    That Report C/17/25 be received and noted.

2.    That the Housing Revenue Account Budget for 2018/19 be approved.  (Refer to paragraph 2.1 and Appendix 1)

3.    That the decrease in rents of dwellings within the HRA on average by £0.84 per week be approved, representing a 1.0% decrease with effect from 2 April 2018.  (Refer to paragraph 3.2)

4.    That the increase in service charges be approved. (Refer to section 3.5)

5.    That the Housing Revenue Account Capital Programme budget 2018/19 be approved. (Refer to paragraph 4.1 and Appendix 2)

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

This report updates the General Fund Medium Term Capital Programme for the five year period ending 31 March 2023. The report also provides a projected outturn for the General Fund capital programme in 2017/18, based on expenditure to 30 November 2017. 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. Overview and Scrutiny Committee considered this report on 16 January 2018 ahead of Cabinet approving it on 17 January 2018 to be submitted to be full Council.

The report updated the General Fund Medium Term Capital Programme for the five year period ending 31 March 2023. The report also provided a projected outturn for the General Fund capital programme in 2017/18, based on expenditure to 30 November 2017. 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. Overview and Scrutiny Committee considered this report on 16 January 2018 ahead of Cabinet approving it on 17 January 2018 to be submitted to be full Council.

Proposed by Councillor Dearden,

Seconded by Councillor Godfrey; and

RESOLVED:

1.        That report A/17/21 be received and noted.

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

3.        To approve the budgets for the additional General Fund capital schemes set out in addendum to this report.

(Voting figures: 24 for, 2 against, 0 abstentions).

This report sets out the proposed strategy for treasury management for 2018/19 including the Annual Investment Strategy and Treasury Management Indicators to be approved by full Council. This report also sets out both the Prudential Indicators for capital expenditure and the Minimum Revenue Provision Policy Statement for 2018/19 to be approved by full Council.

The report set out the proposed strategy for treasury management for 2018/19 including the Annual Investment Strategy and Treasury Management Indicators to be approved by full Council. The report also set out both the Prudential Indicators for capital expenditure and the Minimum Revenue Provision Policy Statement for 2018/19 to be approved by full Council.

Proposed by Councillor Dearden,

Seconded by Councillor Godfrey; and

RESOLVED:

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

2.      That the strategy for treasury management in 2018/19, set out in the report, be approved and adopted.

3.      That the 2018/19 Annual Investment Strategy set out in the report be approved and adopted.

4.      That the treasury management indicators set out in the report be approved.

5.      That the Prudential Indicators for capital and borrowing set out in the appendix 3 to the report be approved.

6.      That the Minimum Revenue Provision (MRP) Policy Statement for 2018/19 set out in appendix 4 to the report, be approved.

(Voting figures: 23 for, 0 against, 3 abstentions).

This report sets out a summary of the need to review the political balance and membership of committees following the recent decision by Councillor Miss Govett to leave the UKIP Party and stand as an independent Councillor.

The report set out a summary of the need to review the political balance and membership of committees following the recent decision by Councillor Miss Govett to leave the UKIP Party and stand as an independent Councillor.

Proposed by Councillor Monk,

Seconded by Councillor Mrs Hollingsbee; and

RECOMMENDATIONS:

1.    That report A/17/18 be received and noted.

2.    That the amendment to the number of seats on the Overview and Scrutiny Committee (from ten seats to 11 seats) to achieve an effective political balance be approved.

3.    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.

4.    That it be noted that Councillor Miss Govett is to be allocated one (1) seat only and be removed from the Planning and Licensing Committee, and will become a Member of the Overview and Scrutiny Committee.

5.    That following the decision by Councillor Miss Govett to leave the UKIP party be noted, and Councillor Robinson (UKIP) will become a member of the Planning and Licensing Committee.

(Voting figures: 26 for, 0 against, 0 abstentions).

As part of its Transforming Shepway programme, Shepway District Council has been considering how it can utilise service redesign and ICT to meet its ambitions to become a more efficient and effective organisation and meet the needs and aspirations of its communities in the context of increasing pressures to reduce costs. This document provides the conclusions of work to redesign the Council’s services supported by Cabinet at its meeting in June 2017. This report includes the business case, future operating model and high level implementation plan. It also outlines that by adopting a refreshed ICT Strategy and making an investment in its ICT infrastructure and changing its business operations, the Council can achieve improvements in services for residents and deliver a genuine efficiency without cutting services.

As part of its Transforming Shepway programme, Shepway District Council has been considering how it can utilise service redesign and ICT to meet its ambitions to become a more efficient and effective organisation and meet the needs and aspirations of its communities in the context of increasing pressures to reduce costs. The report provides the conclusions of work to redesign the Council’s services supported by Cabinet at its meeting in June 2017. The report includes the business case, future operating model and high level implementation plan. It also outlines that by adopting a refreshed ICT Strategy and making an investment in its ICT infrastructure and changing its business operations, the Council can achieve improvements in services for residents and deliver a genuine efficiency without cutting services.

Proposed by Councillor Monk,

Seconded by Councillor Mrs Hollingsbee; and

RESOLVED:

1.         That the report be received and noted.

2.         That an overall budget of £5.9m spread over the term of the project to 2020/21 (including a Notional Severance Provision of £2m) be approved, which will include:

£0.75m from existing revenue; £2.925m from use of flexible capital receipts; £1.030m from financing exchanges and £1.225m from capital financed through borrowing or reserves, which will produce an expected net annual ongoing efficiency saving of £1.8m from 2020/21.

3.         That the overview of and any amendments to the financial envelope to be delegated to the Corporate Director of Organisational Change in consultation with the Leader of the Council.

(Voting figures: 24 for, 0 against, 2 abstentions).

To exclude the public for the following item of business on the grounds that it is likely to disclose exempt information, as defined in paragraph 1 of Part 1 of Schedule 12A to the Local Government Act 1972 –

‘Information relating to any individual.’

Part 2 – Exempt Information Item

Proposed by Councillor Owen,

Seconded by Councillor Lyons; and

RESOLVED:

That  the public be excluded for the following item of business on the grounds that it is likely to disclose exempt information, as defined in paragraph 1 of Part 1 of Schedule 12A to the Local Government Act 1972 – ‘Information relating to any individual.’

(Voting figures: 26 for, 0 against, 0 abstentions).

This report considers recommendations from the Personnel Committee and the Audit and Governance Committee on the senior management review or matters relating to it.

The report considered recommendations from the Personnel Committee and the Audit and Governance Committee on the senior management review or matters relating to it.

Proposed by Councillor Monk,

Seconded by Councillor Mrs Hollingsbee; and

RESOLVED:

1.    That report A/17/20 be received and noted.

2.    That the senior management structure consist of three directors (or posts with equivalent titles) one of whom will be designated as head of paid service pursuant to section 4 Local Government and Housing Act 1989;*

3.    That Mr. Alistair Stewart, chief executive be dismissed on the grounds of redundancy on 31 March 2018;*

4.    That sub – paragraph 2.1.4 of the officer employment procedure rules in part 8.2 of the council’s constitution be deleted;

5.    That, subject to approval of recommendation 4 above, the head of paid service role be advertised internally and;

6.    That the personnel committee carry out the selection process with any recommendations considered at an extraordinary meeting of the council on 28 March 2018.

* - recommendations of the personnel committee

** - recommendations of the audit and governance committee

(Voting figures: 25 for, 0 against, 1 abstentions).