The Chairman was authorised to sign the Minutes of the Council meeting held on 19 December 2022 as a correct record of the proceedings. 

An apology for absence was received from Councillor Mrs E.M. Kirby-Green.

To receive any disclosure by Members of personal and disclosable pecuniary interests in matters on the agenda, the nature of any interest and whether the Member regards the personal interest as prejudicial under the terms of the Code of Conduct.  Members are reminded of the need to repeat their declaration immediately prior to the commencement of the item in question.

Declarations of interest were made by Councillors in the Minutes as indicated below:

Brewerton      Agenda Item 10 – Personal Interest as she was Jewish.

Clark              Agenda Item 12 – Personal Interest as an elected Member of East Sussex County Council. 

Courtel           Agenda Item 10 – Personal Interest as he had Jewish heritage.

Drayson         Agenda Item 8 – Personal Interest as an elected Member of Bexhill-on-Sea Town Council.

Field               Agenda Item 12 – Personal Interest as an elected Member of East Sussex County Council. 

Maynard        Agenda Items 8 and 12 – Personal Interest as an elected Member of East Sussex County Council (8) and a Personal and Prejudicial Interest as an elected Member of East Sussex County Council and Member of the Pension Scheme (12).

The Chair made the following announcements:

·           Since the last full Council meeting in December, the Chair had attended a couple of events, the first being a rearranged autumn concert by the Bexhill Choral Society on Saturday, 4 February at St Barnabas Church.  The concert included Schubert’s Mass in A flat, Bizet’s Te Deum and Ravel’s Pavane, and was accompanied by the Sussex Concert Orchestra.

·           The second event took place in Rye on Saturday, 18 February which the Chair and Vice-Chair attended.  They were both delighted to be invited to a ‘Love our Rother’ event at the Rye Community Centre.  This event brought together local, regional and national environmental organisations and included a timetable of talks, short films, activities for all ages and a live litter survey showing how plastic pollution is recorded, and how we can all join in!

·           The Chair also took the opportunity to share some background to a training event she attended last year on the menopause and the improvement of women’s health and care in England.  Discussions included priorities for the Government’s strategy, implementation, service development, access and inclusion, and research.  The conference discussed the Government’s Women’s Health Strategy for England and the next steps.  Delegates looked at the priorities for improving women’s health outcomes, service delivery and workforce education.  This was a subject very close to the Chair’s heart and one which she would like to see being implemented within the workplace at Rother District Council.

·           Following the decision of the current Chief Executive to retire at the end of May 2023, full Council had been due to receive a report on the interim arrangements to be put in place for the period from the beginning of June until such time as a permanent successor could start.  As it was intended that the post would be advertised nationally, it was felt that, to assist Members in making a decision, more information was needed on the process and timetable for appointing a successor and therefore the report had been withdrawn and would be presented to a future Full Council meeting, either of this Council or the new administration.

·           In accordance with paragraph 2.2(a) of the Council Procedure Rules, the Chair used her discretion and varied the order of the Agenda and took Agenda Item 12 as the next item.

In accordance with Council Procedure Rule 13, consideration was given to the following Motion moved by Councillor Bayliss and seconded by Councillor Gray:

This Council calls on the East Sussex Pension Fund to publicly commit to fully divesting from fossil fuels by:

a)     Immediately freezing any new investment in the top 200 publicly-traded fossil fuel companies.

b)     Publicly committing to divest from direct ownership and any commingled funds that include fossil fuel public equities and corporate bonds within five years.

It was moved by Councillor Field and agreed by Councillor Bayliss as the Mover of the original Motion to incorporate the following as part of the substantive Motion:

c)     And ask the Pension Committee to ask its financial advisers to identify investments which do not rely on fossil fuels and which yield the same or more than current fossil fuel investments.  Having identified appropriate investments, the Pension Committee is asked to make the change.

It was moved by Councillor John Barnes and seconded by Councillor Osborne that the Motion be amended by the entire deletion of a) and b) and the substitution thereof the following:

a)     The Council congratulates the East Sussex Pension Fund on the steps that have already been taken, both to reduce the carbon emissions represented in the investment portfolio and to invest in climate change solutions and urges it more actively to consider divestment as part of its strategy to shift its investment to climate friendly firms.

b)     And ask the Pension Committee to ask its financial advisers to identify investments which do not rely on fossil fuels and which yield the same or more than current fossil fuel investments.  Having identified appropriate investments, the Pension Committee is asked to make the change.

The Amendment being put forward was declared LOST.

In accordance with Council Procedure Rule 17.5(a) a vote by roll call on the substantive Motion was taken.

FOR the Motion (22): C.A. Bayliss, T.J.C. Byrne, C.A. Clark, S.J. Coleman, Mrs V. Cook, P.C. Courtel, K.P. Dixon, B.J. Drayson, S.J. Errington, K.M. Field, P.J. Gray, K.M. Harmer, L.M. Langlands, C.A. Madeley, A.S. Mier, Rev. H.J. Norton, D.B. Oliver, P.N. Osborne, S.M. Prochak (MBE), R.B. Thomas, H.L. Timpe and J. Vine-Hall.

AGAINST the Motion (4): J. Barnes (MBE), Mrs M.L. Barnes, Mrs D.C. Earl-Williams and A.E. Ganly.

ABSTENTIONS (8): J.H.F. Brewerton, G.S. Browne, J.J. Carroll, G.C. Curtis, N. Gordon, L. Hacking, M. Mooney and G.F. Stevens.

RESOLVED: That the Motion on being put was declared CARRIED, as follows:

“This Council calls on the East Sussex Pension Fund to publicly commit to fully divesting from fossil fuels by:

a)     Immediately freezing any new investment in the top 200 publicly-traded fossil fuel companies;

b)     Publicly committing to divest from direct ownership and any commingled funds that include fossil fuel public equities and corporate bonds within five years; and

c)     Ask the Pension Committee to ask its financial advisers to identify investments which do not rely on fossil fuels and which yield the same or more than  ...  view the full minutes text for item C22/69.

1.     Pursuant to Paragraph 10 of the Council Procedure Rules, the following question was put by Bernard Brown and answered by Councillor Oliver.

Question: In a statement made by the Director – Place and Climate Change at the 23 January 2023 Overview and Scrutiny Committee, it was reported that the estimated total costs of the Blackfriars Spine Road were always in the region of £8m - and that the information presented in the response to a recent Freedom of Information (FOI) request responded to a strict interpretation of the question.

For clarity the FOI question asked was: “What was the budget for the construction of the Blackfriars Spine Road, what is the revised budget?”  A simple, clear and straightforward question. No interpretation was required. The answer provided was: “Original contract budget was £4,107,526.44 while the forecast as per Bailey Garner’s cost report dated 28-11-2022 is £8,679,341.53.”  This appears to be an increase of £4,571,815.09.

In view of the statement made by the Director, will the appropriate Cabinet Member advise the tender and contract ESHT reference numbers for any and all tenders and contracts signed between Breheny and Rother District Council for the construction of the Blackfriars Development Spine Road in its entirety?  Will the appropriate Cabinet Member advise the current spend charged to the Contract by 31 December 2022 and the total forecast of the Road completion in its entirety?

Answer: The original contract awarded to Breheny was £4.1m, and it has been noted by the questioner that this figure has increased and is currently projected to be in the region of £8.7m.

There have been a number of instructed changes in relation to this contract which, while they were not included in the original Breheny scope, were budgeted for as part of the wider infrastructure works. This includes £1m worth of utilities works as well as a retaining wall structure that was originally due to be delivered by the housing contractor.

Therefore, it is more appropriate to view the infrastructure enablement works as a whole rather than isolating the Breheny contract or the spine road. The original budget for the Land acquisition, site enablement works, spine road, and associated professional fees was £12.2m. These costs, due to a number of changes related to design requirements for embankment works and drainage, as well as greater than anticipated land acquisition and professional fees is now £15.8m. This represents a cost change of £3.6m and a full review of the housing development options is being undertaken by the company to ensure the overarching scheme remains viable and cost neutral to the Council. 

There is only one contract that ESPH were involved in between Breheney and Rother, ESPH386. The contract signing was handled by Bailey Garner.

Supplementary Oral Question: I thank the Leader for explaining that, however, the Blackfriars project is £3.6m over budget.  The one contract in existence is priced at £4.1m and it does include the words “the spine road in its entirety”.  It was clear at the December Council meeting,  ...  view the full minutes text for item C22/70.

1.     Pursuant to Paragraph 11 of the Council Procedure Rules, the following question was put by Councillor Coleman and answered by Councillor Oliver.

Question: When I was elected to Council in 2019, Sidley was deprived of sporting facilities.  Our cricket club played in Hastings, our football club played in Hooe, the nearest skate park was unsafe, the BMX track was in serious need of improvements and the old changing rooms on Sidley Rec sat closed.  Can the Leader of the Council outline for the record what improvements have been delivered to sports provision in Sidley since this administration took office?

Answer:

Bexhill BMX and Skate Park - £870,00 approximately

Designed in consultation with the BMX and skateboarding community and with the support of a range of funders including the Heart of Sidley and Sport England, this project delivered a new skatepark and improved BMX facilities (race track and jump park) at Sidley Recreation Ground.  Skateboarders, scooter-users, BMX-ers and in-line skaters from novice to experienced riders can now access challenging but safe modern facilities on their doorstep.  The town’s long-running BMX Club is now able to expand its coaching programme and can once again hold BMX events locally drawing in visitors from around the southeast and beyond.  The Council continues to work with the users to maximise the benefits of the new facilities to the community including providing training local skateboarders to coach beginners.  Additional paths, lighting and tree planting enable the community to better use and enjoy the site.

Parks Levelling Up Fund - £85,000

Improvements to the public open space at Sidley House are being planned for delivery in 2023 funded through the government’s Levelling Up Parks Fund.  The Council was amongst 85 local authorities eligible for the funding targeted at the most deprived urban neighbourhoods.  The project will deliver improvements to the children’s play area and improve the usability of the green space to the community through the provision of seating, tree planting and improved access.

Levelling Up Funding – Sidley Recreation Ground

This project will deliver community facilities at Sidley Recreation Ground, based on the community consultation undertaken by Heart of Sidley (HoS).

The site is mainly grassland and sits next to the recently restored and reopened BMX track.  Heart of Sidley made a significant financial contribution to Rother District Council’s (RDC) refurbishment of the BMX track galvanizing a successful RDC, HoS partnership.

The vision of this component is to connect Sidley with the De La Warr Pavilion (also in receipt of LUF) and the town centre, to provide wider routes to education and employment.

It will:

Ø  Make Sidley Rec the hub of local life and the community.

Ø  Provide a 3G pitch for local clubs to use.

Ø  Improve toilet facilities to be disabled access, parent friendly and better quality.

Ø  Upgrade changing room facilities to improve offer for local and visiting events.

Ø  Provide a sustainable community space for local residents and community organisations, to host workshops and  ...  view the full minutes text for item C22/71.

9 January 2023

Ø    Temporary Accommodation Investment Strategy Update (CB22/60)

6 February 2023

Ø    Draft Revenue Budget 2023/24 (CB22/66) (See Agenda Item 8)

Ø    Rother Health and Well-Being: Leisure Facilities Strategy (CB22/67)

Ø    Old Lydd Road, Council Led Housing Development (CB22/68)

Ø    Members’ Allowance Scheme 2023-2027 (CB22/69)

Ø    Designation of Interim Chief Finance Officer (CB22/70)

Ø    Levelling Up Funding (CB22/71)

1.     It was moved by Councillor Oliver and seconded that the reports of the meeting of the Cabinet held on 9 January and 6 February 2023, as set out in the Agenda be approved and adopted with the exception of Minute CB22/66 which would be considered at Agenda Item 8.

2.     The Chair of the Council having called over the reports, the following Minutes were reserved for discussion:

6 February 2023                                    CB22/68, CB22/69 and CB22/71

3.     On the Motion of the Chair of the Council, duly seconded, the Council approved and adopted the following reports, with the exception of the Minutes reserved for discussion:

Ø  CB22/60 – Temporary Accommodation Investment Strategy Update

Ø  CB22/67 – Rother Health and Well-Being: Leisure Facilities Strategy

Ø  CB22/70 – Designation of Interim Chief Finance Officer

Cabinet – 6 February 2023

CB22/68 – OLD LYDD ROAD, COUNCIL LED HOUSING DEVELOPMENT

CB22/69 – MEMBERS’ ALLOWANCE SCHEME 2023-2027

It was moved by Councillor Dixon and seconded by Councillor Oliver that the recommendations of the Independent Remuneration Panel (IRP) on the Members Allowance Scheme, be amended as follows:

Ø  Allowances be pegged at ratios based on the standard Councillor Allowance as per the recommendation in the IRP report.

Ø  The standard Councillor Allowance be increased by 5% for the next Council term as per the IRP report.

Ø  The ratios for Allowances, however, be adjusted as in the table attached.

Ø  Political Group Leaders allowances be changed from the IRP report.  The largest Opposition Group Leader should be paid the higher rate, all others (if any qualify) should receive a lower amount, as detailed in the table circulated.

Ø  All car mileage, regardless of fuel, be paid at 45p per mile.

Ø  The Human Resources Committee be asked to look in detail at childcare and meal allowances to ensure they cover costs incurred.

Ø  The amounts be confirmed for 2023/24, with a further decision as to after that be taken by the new Council.

(For completeness, all the recommendations of the IRP and those amended, are set out at Appendix A to these Minutes).

The Motion being put forward was declared CARRIED.

CB22/71 – LEVELLING UP FUNDING

RESOLVED: That Minutes CB22/68, CB22/69, as amended and CB22/71 be approved and adopted.

CB22/66 – DRAFT REVENUE BUDGET 2023/24

It was moved by Councillor Oliver, seconded and agreed that Council Procedure Rules 15.4 (content and length of speeches) and 15.5 (when a Member may speak again) be waived for the duration of this item.

It was moved by Councillor Dixon and seconded by Councillor Oliver that the formal Council Tax Resolution at Appendix A to the report and Minute CB22/66 from the Cabinet meeting held on 6 February 2023 be approved and adopted.

In accordance with Council Procedure Rule 17.5(b) a vote by roll call for the Motion was taken.

FORthe Motion (21): C.A. Bayliss, T.J.C. Byrne, C.A. Clark, S.J. Coleman, Mrs V. Cook, P.C. Courtel, K.P. Dixon, B.J. Drayson, S.J. Errington, K.M. Field, P.J. Gray, K.M. Harmer, L.M. Langlands, C.A. Madeley, A.S. Mier, Rev. H.J. Norton, D.B. Oliver, S.M. Prochak, R. Thomas, H.L. Timpe and J. Vine-Hall.

AGAINST the Motion (14): J. Barnes, Mrs. M.L. Barnes, J.H.F. Brewerton, G.S. Browne, J.J. Carroll, G.C. Curtis, Mrs D.C. Earl-Williams, T. Ganly, N. Gordon, L. Hacking, C.R. Maynard, M. Mooney, P.N. Osborne and G.F. Stevens.

The Motion being put forward was declared CARRIED.

RESOLVED: That CB22/66 from the Cabinet meeting held on 6 February 2023 be approved and adopted; and

1)    a)   That Council approves the Rother District Council General Fund Council Tax Requirement of £7,650,285for 2023/24 and the    resultant Band D tax of £198.60 as set out in this report.

b)   The expenses incurred by the Council, set out in the Minutes of the Cabinet of 6 February 2023 in the sum of £679,180 in respect of Bexhill and £71,650 in respect of Rye, be approved as the Special Expenses chargeable to residents of Bexhill and Rye respectively. All other expenses incurred by the Council (excluding Parish Precepts) be approved as general expenditure for the purposes of section 35 of the Local Government Finance Act 1992.  (This resolution will be reviewed annually).

2.   That it be noted, the following amounts for the year 2023/24 in accordance with Regulation 3 of the Local Authorities (Calculation of Tax Base) Regulations 1992, made under section 33 (5) of the Local Government Finance Act 1992:

a)    38,520.80 being the amount calculated by the Council in accordance with Regulation 3 of the Local Authorities (Calculation of Council Tax Base) Regulations 2012, as its Council Tax base for the year.

b)  

being the amounts calculated by the Council in accordance with Regulation 6 of the Regulations, as the amounts of its Council Tax base for the year for dwellings in those parts of its  ...  view the full minutes text for item C22/74.

On 12 January 2023, the Planning Committee approved the officer scheme of delegations for the Planning Service, as identified as Appendix 1 to the report and the Council’s Constitution had been updated accordingly.  Following legal advice, the Council’s current Constitution required amendment with respect to the approval process for delegations to officers, and this matter would be considered in due course and a report made to the Audit and Standards Committee.  In the interim, and following this legal advice, the amendments to the Planning Service delegations were submitted for approval and adoption.

It was moved by Councillor Vine-Hall and seconded by Councillor Prochak that officer scheme of delegation at Appendix 1 to the report be approved and adopted subject to:

Paragraph 3.1.8 line 5

The deletion of the following words: ‘Under exceptional circumstances’

and at line 6 the words ‘be’ changed to ‘is’.

RESOLVED: That the officer scheme of delegations in respect of the Planning Service, attached at Appendix B be approved and adopted, as amended.

In accordance with Council Procedure Rule 13, consideration was given to the following Motion moved by Councillor Harmer and seconded by Councillor Courtel:

·      We recognise that the Holocaust shook the foundations of modern civilisation. Its unprecedented character and horror will always hold universal meaning.

·      We believe the Holocaust must have a permanent place in our nation’s and community’s collective memory. We honour the survivors still with us and reaffirm our shared goals of mutual understanding and justice.

·      We must make sure that future generations understand the causes of the Holocaust and reflect upon its consequences. We vow to remember the victims of Nazi persecution and of all genocides.

·      We value the sacrifices of those who have risked their lives to protect or rescue victims, as a touchstone of the human capacity for good in the face of evil.

·      We recognise that humanity is still scarred by the belief that race, religion, disability or sexuality make some people’s lives worth less than others. Genocide, antisemitism, racism, xenophobia and discrimination still continue. We have a shared responsibility to fight these evils.

·      We pledge to strengthen our efforts to promote education and research about the Holocaust and other genocides. We will do our utmost to make sure that the lessons of such events are fully learnt.

·      We will continue to encourage Holocaust remembrance by organising an activity to commemorate Holocaust Memorial Day. We condemn the evils of prejudice, discrimination and racism. We value a free, respectful, and democratic society.

RESOLVED: That the Motion on being put was declared CARRIED.

(Councillors Brewerton and Courtel each declared a personal interest in this item as they had Jewish heritage and in accordance with the Members’ Code of Conduct remained in the room during the consideration thereof).

In accordance with Council Procedure Rule 13, consideration was given to the following Motion moved by Councillor Drayson and seconded by Councillor Harmer:

This Council notes that increasing levels of toxicity in public and political discourse is having a detrimental impact of local democracy and that prevention, support and responses to abuse and intimidation of local politicians must improve to ensure Councillors feel safe and able to continue representing their residents.

This Council therefore commits to challenge the normalisation of abuse against Councillors and officers and uphold exemplary standards of public and political debate in all it does.

The Council further agrees to sign up to the Local Government Association’s (LGA) Debate Not Hate campaign. The campaign aims to raise public awareness of the role of Councillors in local communities, encourage healthy debate and improve the response to and support those in public life facing abuse and intimidation.

In addition, this Council resolves to:

·      write to our local Members of Parliament to ask them to support the campaign;

·      write to the Government to ask them to work with the LGA to develop and implement a plan to address abuse and intimidation of politicians;

·      regularly review the support available to Councillors in relation to abuse and intimidation and Councillor safety through the Member Development Task Group;

·      work with the local Police to ensure there is a clear and joined-up mechanism for reporting threats and other concerns about the safety of Councillors and their families and discuss the need to take a preventative approach that accounts for the specific risks that Councillors face, as they do with other high-risk individuals, like MPs;

·      take a zero-tolerance approach to abuse of Councillors and officers in all forms of communication, be it at face-to-face meetings, at online or telephone meetings, in written communication; in verbal communication and in electronic and social media communication, posts, statements and comments; and

·      encourage all Parish and Town Councils across the Rother District to sign up to the LGA’s campaign. 

RESOLVED: That the Motion on being put was declared CARRIED.

This item had been withdrawn from the Agenda.

(In accordance with normal practice, this process is intended to determine the names to be put forward at the Annual Council Meeting).

The Council agreed not to make any nominations for the appointment of Chair and Vice-Chair of the Council for the Council Year 2023/24 ahead of the elections in May.

RESOLVED: That the appointment of the Chair and Vice-Chair of the Council for 2023/24 take place at the Annual Meeting of the Council on 24 May 2023.