Agenda, decisions and minutes

Councillor Ben Chapelard, Leader of the Council welcomed listeners to this, the first Cabinet meeting of 2023. 

Councillor Nancy Warne, Deputy Leader and Cabinet Member for Rural Communities gave an update on the £100k that was given to the Community Support Fund.  Charities and organisations were invited to apply for grants to help fund either specific projects or to expand existing projects.

The Community Grants Panel met on 31 January 2023 to consider the six applications that were received.  Following the meeting, grants had now been awarded to:

-       Charlie’s Angels Kitchen.

-       Nourish

-       No1 Community Trust

-       The Tunbridge Wells Volunteers Bureau

-       Parish Larders

-       West Kent Mind

TWBC would contact these organisations in April to ask them how and what they had delivered with the grant money.

To receive any apologies for absence.

There were no apologies.

To receive any declarations of interest by Members in items on the agenda. For any advice on declarations of interest; please contact the Monitoring Officer before the meeting.

There were no disclosable pecuniary or other significant interests declared at the meeting.

To note any members of the Council wishing to speak, of which due notice has been given in accordance with Cabinet Procedure Rule 28.4, and which item(s) they wish to speak on.

The following Members and members of the public had registered to speak:

Mr Robert Banks – Agenda Item 10

County Councillor Sarah Hamilton – Agenda Item 13

Katharine Ridger – Agenda Item 13

Jeremy Thompson – Agenda Item 13

Nigel Stratton – Agenda Item 13

Councillor Raymond Moon – Agenda Item 13

Councillor Suzie Wakeman – Agenda Item 13

Councillor Matthew Bailey – Agenda Item 13

To approve the minutes of a previous meeting as a correct record. The only issue relating to the minutes that can be discussed is their accuracy.

Members reviewed the minutes. No amendments were proposed.

RESOLVED – That the minutes of the meeting dated 8 December 2022 be approved as a correct record.

To receive any questions from members of the Council, of which due notice has been given in accordance with Cabinet Procedure Rule 28.3, to be submitted and answered.

There were no questions from members of the Council.

To receive any questions from members of the public, of which due notice has been given in accordance with Cabinet Procedure Rule 28.5, to be submitted and answered.

There were no questions from members of the public.

To note any forthcoming items as set out in the Forward Plan.

Members considered the plan. No amendments were proposed.

RESOLVED – That the Forward Plan as at 31 January 2023 be noted.

To consider and decide on the recommendations as set out in the associated report. 

RESOLVED – That Full Council be recommended to adopt the Partnership Plan as detailed in Appendix A of the report

REASON FOR DECISION: The Plan sets the key priorities and direction of travel that will allow the Council to plan services and budgets and deliver on key actions. 

Councillor Ben Chapelard, Leader of the Council introduced the report set out in the agenda and provided an update following the reports progression through the Overview and Scrutiny Committee and all three of the Cabinet Advisory Boards, which included the following:

-       The name of the report had changed and would now be referred to as the Tunbridge Wells Borough Council Plan 2022-2024.

-       The report laid out the priorities for the Council, known as the Focus on Five.

-       Under each of the priorities, there were details of key projects and actions the Council wanted to take between 2022-24.

-       Following the reports progression through Overview and Scrutiny and the Cabinet Advisory Boards, the two main pieces of feedback were:

o   The original name ‘the Borough Partnership Plan’ wasn’t supported.  This has now been changed.

o   The document lacked detail. This was being considered with a view to providing a lot more detail against each of the priorities.

-       It was very much an interim plan, with a longer term Corporate Plan to follow in about 12-14 months.

RESOLVED – That Full Council be recommended to adopt the Partnership Plan as detailed in Appendix A of the report

REASON FOR DECISION: The Plan sets the key priorities and direction of travel that will allow the Council to plan services and budgets and deliver on key actions. 

To consider and decide on the recommendations as set out in the associated report. 

RESOLVED – That Full Council be recommended that the Asset Management Plan 2023/24 be adopted

REASON FOR DECISION: The Plan supports the Council’s Corporate Priorities in the Five-Year Plan.

County Councillor Sarah Hamilton had registered to speak which included the following:

-       The Wesley Centre should be listed under the category of Community (as the Day centre was).

-       It was both surprising and concerning that the Wesley Centre faced the risk of potential disposal.

-       It was protected on the Towns Neighbourhood Plan which the Borough Council had not challenged.

-       Facilities and access to green space were needed in Paddock Wood.

-       It had been an inspiration of Heritage Paddock Wood to protect the Wesley Centre for the benefit of the local area.

-       The Community Store House was a valuable tenant. The Paddock Wood Community Advice Centre was also nearby so the location was ideal and sustainable.

-       It was important to find a viable way to keep this historic building and allow it to continue to serve the community.

-       Cabinet should remove the Wesley Centre from any risk of disposal at this time or in the near future.  It should instead look to explore, develop and exploit opportunities for collaborative working with other bodies including KCC and partner agencies to build on existing relationships and facilitate an viable opportunity.

Katharine Ridger had registered to speak which included the following:

-       The 4^th Paddock Wood Brownies currently met every Wednesday at the Wesley Centre. 

-       They had been using the Wesley Centre for a number of years and it had proved an ideal location with no safe guarding risks.  The gates locked which allowed the Brownies to play freely outside.  Storage was also ample.

-       The new Community Centre had been considered but the risks would be much higher.  The toilets were out of view of the hall, so an adult would have to accompany each time.  There was also no secure play area.

-       Any plans for disposal should be urgently reconsidered.

Jeremy Thompson had registered to speak which included the following:

-       Heritage Paddock Wood rented a small room at the Wesley Centre which was used to store and display some of their large archive collection of photos and other items.

-       It was important that this historical building was not lost to further housing developments

-       Heritage Paddock Wood was building a website that would showcase the history of Paddock Wood and the surrounding villages. 

-       Heritage Paddock Wood were keen to work with TWBC to establish a satellite to the Amelia Scott.  This would include the remodelling of the garden to enhance it as a safe green space in the heart of the town.

-       Green spaces were essential to the health and wellbeing of residents.

-       The Wesley Centre was protected on the Town’s Neighbourhood Plan and on the Local Plan, so why was it included on the list?

-       The consultation had not finished at the time this issue was discussed.

-       Had the Council written to all the users and tenants of the Wesley Centre.

-       The Wesley Centre was not a surplus asset. 

-       Paddock Wood  ...  view the full minutes text for item CAB112/22

To consider and decide on the recommendations as set out in the associated report. 

RESOLVED – That Full Council be recommended:

1.    That the changes to the base budget along with the assumptions and approach set out throughout the report be approved.

2.    That the responses to the budget consultation be approved.

3.    That the use of £943,000 from reserves to balance the budget be approved.

4.    That the rolling forward of the capital programme including gross funding of £620,000 for new schemes be approved.

5.    That an increase in the Basic Amount of Council Tax of £5.71 per annum for a Band D property be approved.

6.    That the implementation of Council Tax premiums on second homes from 1 April 2024 and the application of 100% Council Tax premium on properties that have been empty for at least 1 year from 1 April 2024, subject to the Regeneration and Levelling -Up Bill receive Royal Assent be approved. 

REASON FOR DECISION: To deliver a sustainable budget to deliver the Council’s key objectives.

Robert Banks had registered to speak which included the following:

-       The main areas that the respondents to the consultation wished to reduce the budget for discretionary services (contrary to those proposed by the Council) were, The Amelia Scott, Property and Development and the Assembly Hall Theatre.

-       Respondents suggested reductions in all but one of the other areas and instead recommended increasing funding to recreation and climate change incentives.

-       Although the results of the consultation had been presented, it didn’t look as though the report had been modified to incorporate those suggestions.

-       Respondents to the consultation were not asked for their views on the statutory services.

-       Respondents would have been unaware of the subsequent proposal for new collection rounds to be introduced, with the budget for waste and street sweeping to increase by £798k.  This increase would include indexation and the cost of terminating the leases on a number of the existing fleet vehicles to facilitate a new fleet of 44 vehicles in 2023/24.  The new 8 year lease would exceed Urbasers existing lease (which terminated in March 2027).

-       The annual cost of the current contract could have increased by £2m.

-       It was surprising that no details had been given regarding the annual cost of the new contract, the criteria for assessing any resulting improvement in the service, or whether any other Councils had adopted a similar business model.

-       After 2027, the Council would be responsible for a further 4 years lease for half of the new fleet of diesel vehicles, which even if converted would still produce a carbon footprint that would need to be offset. 

-       Was it prudent to embark on this arrangement without evaluating the detrimental consequences and encouraging further public engagement. 

Councillor Christopher Hall, Cabinet Member for Finance and Performance introduced Lee Colyer, Director of Finance, Policy and Development who presented the report as set out in the agenda.

-       It was noted there was a slight change in Recommendation 5 of the report – the figure had been amended to £5.71 (from £5.72).

Discussion and questions from Members included the following:

-       There was an excellent response to the budget survey with valuable feedback received.

-       The Council was in a very serious situation with action needed in a number of areas, including:

o   Increasing revenue

o   Looking at the Revenue Budget to find ways to make savings

o   The production of a Savings Plan, which was currently in progress but would take some time.

o   Looking at the Asset Management Plan

-       The 2022/23 budget was a ‘wait and see’ budget.  To wait and see what the effects of Covid were and what the economic recovery would look like.

-       That period had passed, and it was now clear that there were some very real structural issues that needed to be addressed.

-       The Council was having to use £1m in reserves because it had a structural deficit that required the budget to be propped up  ...  view the full minutes text for item CAB113/22

To consider and decide on the recommendations as set out in the associated report. 

RESOLVED –

1. That the Sustainable Procurement Policy and Modern Slavery Statement be approved.
2. That the proposed changes to the Contract Standing Orders, pending final approval from the Audit and Governance Committee and Full Council be noted. 

REASON FOR DECISION: 

Adoption would enable the Council to implement a new framework for the use of environmental and modern slavery factors in its evaluation of tenders, and the decision to award contracts.

Christopher Hall, Cabinet Member for Finance and Performance introduced Dan Hutchins, Procurement Manager who presented the report as set out in the agenda.

Discussion and questions from Members included the following:

-       The work involved and the content of both polices was very much appreciated.

RESOLVED –

1. That the Sustainable Procurement Policy and Modern Slavery Statement be approved.
2. That the proposed changes to the Contract Standing Orders, pending final approval from the Audit and Governance Committee and Full Council be noted. 

REASON FOR DECISION: 

Adoption would enable the Council to implement a new framework for the use of environmental and modern slavery factors in its evaluation of tenders, and the decision to award contracts.

To consider and decide on the recommendations as set out in the associated report. 

RESOLVED – That the report be noted.

REASON FOR DECISION: To comply with the Constitution.

Councillor Christopher Hall, Cabinet Member for Finance and Performance introduced David Candlin, Head of Economic Development and Property who presented the report as set out in the agenda.

Discussion and questions from Members included the following:

-       The Directors of the Tunbridge Wells Property Holdings Ltd were David Candlin (Chair), Councillor Godfrey Bland (Board Member) and Councillor Ms Beverley Palmer (Board Member).

To note, the matter was decided in taking the exempt information set out in the report as read.

RESOLVED – That the report be noted.

REASON FOR DECISION: To comply with the Constitution.

To consider and decide on the recommendations as set out in the associated report. 

RESOLVED –

1. That the freehold transfers of the land and public conveniences at High Street, Brenchley and the land and public conveniences at Maidstone Road, Matfield be approved.

2. That the key terms of the transfers as detailed in Option 1 of the report, with the other terms of transfer to be agreed under delegated authority of the Head of Economic Development and Property in consultation with the Director of Finance, Policy and Development and the Cabinet Member for Finance and Performance be approved. 

3. That the Head of Economic Development and Property in consultation with the Director of Finance, Policy and Development, the Head of Legal Services and the Cabinet Member for Finance and Performance be given delegated authority to complete all necessary negotiations, legal processes and legal documentation to complete these transfers be approved.

REASON FOR DECISION: The transfer of the freeholds of both public conveniences to Brenchley and Matfield Parish Council would allow the Parish Council to manage the buildings in their locality and ensure that both facilities remained open and operational.

Councillor Christopher Hall, Cabinet Member for Finance and Performance introduced Max Horgan, Estates Surveyor who presented the report as set out in the agenda. 

RESOLVED –

1. That the freehold transfers of the land and public conveniences at High Street, Brenchley and the land and public conveniences at Maidstone Road, Matfield be approved.

2. That the key terms of the transfers as detailed in Option 1 of the report, with the other terms of transfer to be agreed under delegated authority of the Head of Economic Development and Property in consultation with the Director of Finance, Policy and Development and the Cabinet Member for Finance and Performance be approved. 

3. That the Head of Economic Development and Property in consultation with the Director of Finance, Policy and Development, the Head of Legal Services and the Cabinet Member for Finance and Performance be given delegated authority to complete all necessary negotiations, legal processes and legal documentation to complete these transfers be approved.

REASON FOR DECISION: The transfer of the freeholds of both public conveniences to Brenchley and Matfield Parish Council would allow the Parish Council to manage the buildings in their locality and ensure that both facilities remained open and operational.

To consider and decide on the recommendations as set out in the associated report. 

RESOLVED: That Full Council be recommended that the Capital Strategy 2023/24, as set out at Appendix A to the report be adopted.

REASON FOR DECISION

To provide guidance on the Council’s capital programme and the use of its capital resources as required by the Chartered Institute for Public Finance and Accountancy and Prudential Code and Treasury Management Codes.

Councillor Christopher Hall, Cabinet Member for Finance and Performance introduced Lee Colyer, Director of Finance, Policy and Development who presented the report as set out in the agenda.

RESOLVED: That Full Council be recommended that the Capital Strategy 2023/24, as set out at Appendix A to the report be adopted.

REASON FOR DECISION

To provide guidance on the Council’s capital programme and the use of its capital resources as required by the Chartered Institute for Public Finance and Accountancy and Prudential Code and Treasury Management Codes.

To consider and decide on the recommendations as set out in the associated report. 

RESOLVED – That Full Council be recommended that the Treasury Management Policy and Strategy 2023/24, as set out in Appendix A to the report, be adopted.

REASON FOR DECISION:

The security of the Council’s cash and effective cash flow management is vital in order to support all the services provided by the Council.  The interest received from the Council’s investments is an important source of income in helping the Council set a balanced budget.

Councillor Christopher Hall, Cabinet Member for Finance and Performance introduced Lee Colyer, Director of Finance, Policy and Development who presented the report as set out in the agenda.

RESOLVED – That Full Council be recommended that the Treasury Management Policy and Strategy 2023/24, as set out in Appendix A to the report, be adopted.

REASON FOR DECISION:

The security of the Council’s cash and effective cash flow management is vital in order to support all the services provided by the Council.  The interest received from the Council’s investments is an important source of income in helping the Council set a balanced budget.

To consider and decide on the recommendations as set out in the associated report. 

RESOLVED –

1. That the temporary suspension of the housing register for a period of one month to allow the new housing IT system to be implemented in Tunbridge Wells and across Kent be approved.

2. So that a reassessment of applications against the Council’s new Allocation Scheme can be carried out, existing housing register applicants be required to re-apply to the housing register, be approved. 

3. That the Head of Housing, Health and Environment be delegated authority to make future decisions should the date for closure of the housing register need to be any later than 1 June 2023 be approved. 

REASON FOR DECISION:

Suspension of the housing register will allow the transfer of data to be easily uploaded to the new system and provide a much easier process to assess new applications against the new Allocations Scheme. 

Councillor Hugo Pound, Cabinet Member Housing and Planning introduced Stuart Clifton, Housing Services Manager who presented the report as set out in the agenda.

Discussion and questions from Members included the following:

-       Assurances were needed that measures had been put in place to ensure that vulnerable and existing applicants were protected and wouldn’t fall through the gap when the new system was introduced.

-       Paragraphs 1.10 to 1.14 of the report updated a communication strategy that involved sending reminders via email and writing directly to ensure applicants reapplied so their existing priority date was retained.  A register of applicants who hadn’t applied would also be kept so that further contact could be made to ensure that contact had been made to all applicants. This would be in addition to the various campaigns as part of the Kent Homes Choice system, both on the website itself and when applicants logged into their account.  There would also be notifications on the TWBC website.

-       The new allocation scheme had already been introduced.  It would be important to ensure that no one was disadvantaged by being transferred across at their current allocation status to the new scheme. 

-       Most applicants were accessing their account on the Kent Homes Choice system quite regularly so this was a good place to remind them of the need to reapply.

-       It was envisaged the process would be a lot less complicated as it had been reasonably well prepared.

RESOLVED –

1. That the temporary suspension of the housing register for a period of one month to allow the new housing IT system to be implemented in Tunbridge Wells and across Kent be approved.

2. So that a reassessment of applications against the Council’s new Allocation Scheme can be carried out, existing housing register applicants be required to re-apply to the housing register, be approved. 

3. That the Head of Housing, Health and Environment be delegated authority to make future decisions should the date for closure of the housing register need to be any later than 1 June 2023 be approved. 

REASON FOR DECISION:

Suspension of the housing register will allow the transfer of data to be easily uploaded to the new system and provide a much easier process to assess new applications against the new Allocations Scheme. 

RESOLVED –

1. That the Head of Housing, Health and Environment be given authority to extend the provision of limited financial assistance between November 2022 and March 2023, to Urbaser Ltd and Urbaser SA in respect of the contract originally procured be approved.

2. That a one-off contribution of up to £150,000 be given to Urbaser Ltd towards the costs of terminating a number of existing collection vehicle leases to facilitate the provision of a new fleet of collection vehicles in 2023/24 be approved. 

3. That the Head of Housing, Health and Environment in consultation with the Director of Finance, Policy and Development and the Head of Legal Services be given delegated authority to complete all necessary negotiations, legal processes and legal documentation to enter into an agreement with Urbaser Ltd to allow for the transfer of vehicle lease(s) to the Council in conjunction with Tonbridge and Malling Borough Council or to the organisation(s) contracted to provide the two councils’ household waste collection service on the expiry of the current joint recycling and waste collection and street cleansing contract be approved. 

4. That the Head of Housing, Health and Environment in consultation with the Director of Finance, Policy and Development and the Head of Legal Services be given delegated authority to complete all necessary negotiations, legal processes and legal documentation and enter into an agreement with Tonbridge and Malling Borough Council to share the liability for the new vehicle fleet from the end of the current joint household recycling and waste collection and street cleansing contract be approved.

5. That a Voluntary Ex-Ante Transparency Notice will be published containing details of the proposed changes set out in recommendations, 1,2 and 3 to cover the items highlighted above be noted.

REASON FOR DECISION:

The proposal would meet both objectives of ensuring the retention of necessary staff and bring about long term cost certainty and efficiencies.

Councillor Luke Everitt, Cabinet Member for Environment, Sustainability and Carbon Reduction, introduced Gary Stevenson, Head of Housing, Health and Environment who presented the report as set out in the agenda.

Discussion and questions from Members included the following:

-       Mid Kent Partnership on waste (Ashford, Swale and Maidstone) had recently procured their new contract with an external supplier.  The Councils had made the decision that they would purchase the vehicles rather than lease them. 

-       TWBC wouldn’t be taking on the leases. In 2027, TWBC would transfer the leases from Urbaser to the new service provider. 

-       The new fleet of vehicles would be able to use HBO fuel which had the ability to reduce carbon emissions by about 90%. 

-       It was about 6 times more expensive to process if food waste was put in the normal waste rather than in the food caddies. 

RESOLVED –

1. That the Head of Housing, Health and Environment be given authority to extend the provision of limited financial assistance between November 2022 and March 2023, to Urbaser Ltd and Urbaser SA in respect of the contract originally procured be approved.

2. That a one-off contribution of up to £150,000 be given to Urbaser Ltd towards the costs of terminating a number of existing collection vehicle leases to facilitate the provision of a new fleet of collection vehicles in 2023/24 be approved. 

3. That the Head of Housing, Health and Environment in consultation with the Director of Finance, Policy and Development and the Head of Legal Services be given delegated authority to complete all necessary negotiations, legal processes and legal documentation to enter into an agreement with Urbaser Ltd to allow for the transfer of vehicle lease(s) to the Council in conjunction with Tonbridge and Malling Borough Council or to the organisation(s) contracted to provide the two councils’ household waste collection service on the expiry of the current joint recycling and waste collection and street cleansing contract be approved.  

4. That the Head of Housing, Health and Environment in consultation with the Director of Finance, Policy and Development and the Head of Legal Services be given delegated authority to complete all necessary negotiations, legal processes and legal documentation and enter into an agreement with Tonbridge and Malling Borough Council to share the liability for the new vehicle fleet from the end of the current joint household recycling and waste collection and street cleansing contract be approved.

5. That a Voluntary Ex-Ante Transparency Notice will be published containing details of the proposed changes set out in recommendations, 1,2 and 3 to cover the items highlighted above be noted.

REASON FOR DECISION:

The proposal would meet both objectives of ensuring the retention of necessary staff and bring about long term cost certainty and efficiencies.

To consider any other items which the Chairman decides are urgent, for the reasons to be stated, in accordance with Section 100B(4) of the Local Government Act 1972.

There was no urgent business.

To note that the date of the next scheduled meeting is Thursday 23 March 2023 6:30pm.

The next meeting would be held on Thursday 23 March 2023 commencing at 6:30pm, Town Hall, Tunbridge Wells.