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Agenda and minutes

Venue: Council Chamber - Civic Centre Folkestone

Contact: Jemma West 

Items
No. Item

15.

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.

Minutes:

Councillor Prater declared a voluntary interest with regard to agenda item 10 (Motions on notice), as his wife was a paid volunteer at Hythe Swimming pool. 

 

Councillor Fuller declared a voluntary interest with regard to agenda items 5 and 6 (Questions from the public and questions from Councillors), in that he lived in an East Kent Housing property.

16.

Minutes

To receive the minutes of the meeting of the council held on 13 March 2019 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 13 March 2019 were submitted, approved and signed by the Chairman.

 

17.

Chairman's Communications

Minutes:

The Chairman gave the following communications:

 

“Before I go fully into my communications let us remember in a quiet moment:

Brian Copping who died a few weeks ago and was a Cllr on this District Council for many years.

 

Tuesday 11th June  I attended the KCC Civic reception at County Hall to meet the new Chairman, and also many other Civic dignitaries from across the County. This gave us all a chance to get acquainted  and of course do some networking.

 

Saturday 15th I attended the very successful and well attended Annual Lydd Club Day which started with an amazing lunch for invited guests, which included Cinque Ports Mayors and many local people, after which we moved to the Rype and watched some dancing and a fancy dress parade of young children. There were many side shows and pleasure rides which enhanced the fun of the day’s activities.

 

Thursday 20th June I was invited to attend the Lord – Lieutenant of Kent, Viscount De L’Isle MBE at Penshurst Place for his farewell reception. There were many guests who had travelled from all over Kent and we were graciously received and entertained by the Lord Lieutenant who gave us a brief history of Penshurst Place. An unusual feature of the Baron’s room where the reception was held was a huge open fire in the centre of the room. I noted a few people navigating towards this amazing feature.

 

On Sunday 23rd  June, the vice chairman attended the annual service at New Romney.

 

Sunday 23rd June  I attended the Blessing of the Fisheries which is held on Town Sunday each year. We gathered at St Peters Church on the Durlocks for the 3.00pm  procession down to the Stade where a service with prayers, readings and hymns is held for the Fisheries. The Bishop blesses the Sea and at the end of the service we process back to the Church and have refreshments in the Garden. This service is always very well attended.

 

Monday 24th was the Flag raising ceremony at the Civic Centre, this is always done in the week before Armed Forces Day and was attended by  myself and the Vice-Chairman, and Veterans, Councillors and residents. Father Stephen Bould read the service.”

18.

Petitions

There are no petitions to be presented.

 

Minutes:

There were no petitions.

19.

Questions from the Public

 

1.    From Mr Rylands to Councillor Meyers, Cabinet Member for Digital Transformation and Customers

 

How many contracts as per Art 28(3) of GDPR  between Data Controller (The Council) and Data Processor (Organisation/Company) does the Council have, with whom (please provide the names of organisations and/or companies.) and how many data breaches have these companies/organisations (Processors) reported to the Council? Please supply dates of breaches and what was breached, eg names, financial details etc. 

 

2.         From Mrs Lawes to Councillor Peall, Cabinet Member for Enforcement, Regulatory Services, Waste and Building Control

 

There is a lot of graffiti in the district at present and every blank canvas whether it be a fence, wall, monument, building all seem fair game to target. This seems to contradict FHDC policy and KPI for ‘Appearance Matters’. It is obvious that your team cannot clean the graffiti quick enough, when it is replaced immediately with another.

 

Is it time to look at this in a different way?

 

3.         From Mrs Lawes to Councillor Collier, Cabinet Member for Property Management and Grounds Maintenance

 

Discussions have been taking place with regard to The ‘Simon Cooper Weston Fountain’ in Bruce Porter garden on the corner of Wear Bay Road and Wear Bay Crescent. A company by the name of Calibre Conservation from Lincolnshire, carried out a survey on Easter Sunday with regard the restoration of fountain and removal to near the bottom of the Leas lift. No one seems to know who arranged for this to take place.

 

Folkestone Parks & Pleasure Grounds run by the Cabinet has requested a report from properties at FHDC. They have been asked  to quote to thoroughly prepare surfaces, clean and remove salts and repaint with a high specification marine grade paint. To renew all tarmacadam footpaths around the structure and to repair the steps down onto Wear Bay Road. To rebuild brickwork enclosures for the lighting supply. To consider the full renewal of pumps and on-going maintenance liabilities and cost.

 

This is a much loved fountain and has been in place at Bruce Porter garden for 97 years. Local residents are horrified that FPPG are looking to remove this fountain and wish it to remain where it is. Can you please confirm what the situation is regarding this fountain?

 

 

 

4.         From Mr O’Hara to Councillor Godfrey, Cabinet Member for Housing, Transport and Special Projects

 

My question concerns poor living accommodation sometimes called "rabbit hutch" housing.  How many licences for landlords of houses of multiple occupation (HMO) have been granted or refused in the District in the past 4 years?

 

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

 

Given that your current administration was elected with total of only 44% of the popular vote, will you now take heed on the majority people’s voice and radically review the proposals for Princes Parade, Folkestone Seafront and Otterpool Garden Town?

 

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.

20.

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.

20a

Responses to supplementary questions

Supporting documents:

Minutes:

Please note this document did not form part of the meeting.

21.

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.

Minutes:

The Leader made the following announcements:

 

“Good evening.

 

Several members from the Marsh complained to me that we did nothing for them so I would like to take this opportunity to update members on some of the excellent work that this council is carrying out, or in numerous ways is supporting the Romney Marsh.

 

The council is supporting employment and skills on Romney Marsh in line with the Romney Marsh Socio-economic Deliver Plan 2017-2020 produced for the Romney Marsh Partnership.  The key priority within this plan is to develop a business hub and skills centre at Mountfield Road industrial estate and putting in the infrastructure to unlock remaining plots for future business growth.  This is also a key priority in the council’s Corporate Plan and officers are working hard on ways to secure funding and feasibility work to bring this project forward.

 

Earlier this year, the council launched its own £3million High Streets Fund. Details for the scheme will be coming to Cabinet very soon and will include criteria against which bids can be made. This will provide a potential resource to enhance the High Streets in New Romney and Lydd.

 

The nuclear sector is a major employer on Romney Marsh so as a Council and through the RMP, we work closely with Magnox Ltd, EDF, Dungeness SSH and the Nuclear Decommissioning Authority and others in the nuclear industry to secure future employment in the nuclear sector and develop skills of local people relevant to the nuclear industry and its supply chain.

 

Through the RMP FE and Skills Sub Group, we are supporting partnership working to skill/upskill local people and promote the area as a good place to live, work and relocate to. We have been successful in achieving priority status for Romney Marsh from the NDS socio-economic funding scheme and are currently developing a major partnership bid to support further economic development for the area.  To maximise future employment in the nuclear sector we are also promoting the case for Dungeness A to be the site for Accelerated Decommissioning which would enable the retention of a significant number of jobs on site for the medium to long term.

 

We work closely with Romney Resource Centre and via the RMP support new initiatives such as delivery of construction courses, upgrading digital facilities and initiatives to meet the needs of businesses and local people, including returners to work, young people not in education training or employment and older residents wishing to upskill and participate in lifelong learning.

 

Romney Marsh is a special landscape and environment. We are involved in the new South East Nature Tourism Initiative to promote sustainable tourism year round on Romney Marsh consistent with the SARMS (Sustainable Access and Recreation Management Strategy) report for the area.  The initiative will have two nature tourism hubs at Rye Discovery Centre and Romney Marsh Visitor Centre, New Romney.  The RMP and FHDC also sit on the 5th continent Project Board and are supporting their green tourism initiatives including new interpretation  ...  view the full minutes text for item 21.

22.

Opposition Business

The Labour Group has raised the following matter:

 

“The council notes the recent arrival of UberEats and the upcoming arrival of Deliveroo to the district. The rise of the gig economy allows companies to avoid their responsibilities as employers and promote low paid, zero hours contracts further entrenching our residents in poverty.

 

The Council also notes that such businesses and in turn the businesses they deliver for, only help fuel an already rising obesity crises within the district.

 

The Council also notes that a number of established food outlets with a delivery service are already feeling the impact from corporate fast food chains entering the delivery market.

 

This Council believes that if UberEats and Deliveroo are to operate in the district then they should be accessible to all local businesses not just the large corporations and offer a wide range of choice.

 

This Council believes that these companies through social media are using targeted advertising to promote instant fast food which will in turn fuel an already rising obesity crises in the district.

 

This Council believes that UberEats and Deliveroo must operate within the law, observing their rights of employers and that their workers must be treated accordingly.

 

This Council believes that UberEats and Deliveroo ability to trade in the district should not be to the detriment of already established businesses.

 

This Council resolves to:

1)     Ask the Leader of the Council to consider writing to the Secretary of State for business Greg Clark MP, to note this Council’s concerns with UberEats and Deliveroo regarding the following:

a)    That workers are all registered to work in the UK and are being paid at least the UK living wage

b)    That these employers recognise a trade union and respect membership.

c)    That these employers pay their employees the same wage for the same work, regardless of age.

d)    That all workers have equal rights from day one, including sick pay, paid holiday, and protection from unfair dismissal.

e)    That their process on working with and promoting smaller businesses interested in using their service is reasonable and fair.

f)     That they will not use targeted social media advertising to promote unhealthy eating habits.

g)    That as employers they will refrain from making deductions from tips, so staff get to keep 100%, and customers know who their money is going to.

h)    That they will refrain from taking a cut of any tips paid via card.

 

Council resolves to adopt the issue raised by opposition business, provided that the decision, so made, is within the Policy Framework and Budget, and is within the power of the Council to make the decision”.

 

Debates on opposition business shall be limited to 15 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  ...  view the full agenda text for item 22.

Supporting documents:

Minutes:

Councillor McConville, on behalf of the Labour Group outlined the Opposition business which asked the Leader of the council to consider writing to the Secretary of State for business Greg Clark MP, to note this Council’s concerns with UberEats and Deliveroo regarding the following:

a)    That workers are all registered to work in the UK and are being paid at least the UK living wage

b)    That these employers recognise a trade union and respect membership.

c)    That these employers pay their employees the same wage for the same work, regardless of age.

d)    That all workers have equal rights from day one, including sick pay, paid holiday, and protection from unfair dismissal.

e)    That their process on working with and promoting smaller businesses interested in using their service is reasonable and fair.

f)      That they will not use targeted social media advertising to promote unhealthy eating habits.

g)    That as employers they will refrain from making deductions from tips, so staff get to keep 100%, and customers know who their money is going to.

h)    That they will refrain from taking a cut of any tips paid via card.

 

Proposed by Councillor McConville,

Seconded by Councillor Dorrell; and

 

RESOLVED:

 

Option (d) – That the Council adopt the issue raised by opposition business provided that the decision, so made, is within the Policy Framework and Budget and is within the power of the Council to make the decision.

 

(Voting figures: 14 for, 10 against, 4 abstentions).

23.

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 Prater, Leader of the Liberal Democrat Group

 

This Council notes:

 

1.         The hostility of local people to the proposals to develop Princes Parade, as evidenced by the local election results;

2.         The damage it will do to the environment and the setting of the scheduled ancient monument that is the Royal Military Canal;

3.         The financial risk this Council faces by pursuing this highly risky £29 million+ project;

4.         The clear ongoing need for a new swimming pool and leisure centre in the district, and that a location for that at Martello Lakes would better support Hythe and Romney Marsh, than one nearer the Folkestone Sports centre.

 

This Council resolves to withdraw its planning application Y17/1042/SH for Princes Parade, and cease immediately any ongoing plans to develop that area for anything other than outdoors recreation.

This Council further resolves to immediately take up the option for a Leisure Centre site at Martello Lakes and will bring forward plans no later than November 2019 to open a new swimming pool and leisure centre there, whilst also seeking indicative funding support from partners for that site.

 

2.         From Councillor McConville, Leader of the Labour Group

 

This Council moves to, under part 4 section 25.2 amend the constitution in regards to part 4 section 12.6. “Time-limit debates on opposition business shall be limited to 15 minutes”. This should be amended to read 30 minutes. As per the constitution it is resolved that this motion stand adjourned, without discussion until the next ordinary meeting of the Council.

 

3.         From Councillor McConville, Leader of the Labour Group

 

This Council notes the recent spate of violence against people within the LGBT community across the nation.

 

This Council condemns these vicious actions and believes that only with closer working can we avoid such events occurring in our district.

 

This Council resolves to ask the cabinet member for community, Cllr Hollingsbee to consider establishing a working group with the LGBT community within the district to both listen to people’s concerns and promote community events. 

 

Minutes:

Councillor Prater set out his motion which was set out on the agenda.

 

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

 

Proposed by Councillor Prater,

Seconded by Councillor Whybrow; and

 

RESOLVED:

 

This Council notes:

 

1.         The hostility of local people to the proposals to develop Princes Parade, as evidenced by the local election results;

2.         The damage it will do to the environment and the setting of the scheduled ancient monument that is the Royal Military Canal;

3.         The financial risk this Council faces by pursuing this highly risky £29 million+ project;

4.         The clear ongoing need for a new swimming pool and leisure centre in the district, and that a location for that at Martello Lakes would better support Hythe and Romney Marsh, than one nearer the Folkestone Sports centre.

 

This Council resolves to withdraw its planning application Y17/1042/SH for Princes Parade, and cease immediately any ongoing plans to develop that area for anything other than outdoors recreation.

This Council further resolves to immediately take up the option for a Leisure Centre site at Martello Lakes and will bring forward plans no later than November 2019 to open a new swimming pool and leisure centre there, whilst also seeking indicative funding support from partners for that site.

 

At the Leader’s request, the Monitoring Officer provided clarity on the decision and advised the following:

 

“The resolution which has just been passed would not be binding on the Executive.  Decisions on making and withdrawing planning applications are matters for the executive, as are decisions on where to site any new leisure facility”.

 

FOR: Councillors Davison, Dorrell, Field, Fuller, Keen, Martin, McConville, Meade, Mullard, Prater, Shoob, Treloar, Wade, Whybrow and Wing (15).

  

AGAINST: Councillors Mrs Berry, Brook, Miss Carey, Collier, Goddard, Godfrey, Hills, Mrs Hollingsbee, P Martin, Meyers, Monk, Peall, Rolfe and Wimble (14).

 

ABSTENTIONS: None (0).

 

(Voting figures: 15 for, 14 against, 0 abstentions).

 

As the time limit of 60 minutes had expired, the other motions set out on the agenda were not considered.

24.

Scheme of delegation of Executive Functions made by the Leader of the Council

This scheme of delegation has been prepared by the Leader in accordance with the constitution and the Local Government Act 2000.

Supporting documents:

Minutes:

The scheme of delegation had been prepared by the Leader in accordance with the constitution and the Local Government Act 2000.

 

Proposed by Councillor Monk,

Seconded by Councillor Mrs Hollingsbee; and

 

RESOLVED:

 

1.       That report A/19/11 be received and noted.

 

(Voting figures: 15 for, 0 against, 14 abstentions).