Agenda and minutes

To confirm as a true record the Minutes of the meeting held on 17 January 2024.

RESOLVED:

THAT the minutes of the meeting held on 17 January 2024 be approved.

To invite Members to declare any interest they might have in the matters on the agenda.

Please note that the Monitoring Officer on 21 January 2022 granted all councillors a four year full dispensation under section 33 (2) of the Localism Act 2011 to remain in the meeting room and to speak and to vote on the budget including setting the council tax or a precept under the Local Government and Finance Act 1992 (or any subsequent legislation), notwithstanding the existence of any disclosable pecuniary interest(s). For clarity this dispensation relates to disclosable pecuniary interests only and does not affect a councillor’s obligation under section 106 of the Local Government Finance Act 1992 to declare and not vote if they are two months or more in arrears with their council tax at the time of the meeting on setting the council’ budget.

No declarations were received at this stage.

Questions may be asked without notice but to guarantee a full reply at the meeting, a question must be put including the name and address of the questioner by delivery in writing or by electronic mail to Democratic Services at democratic.services@iow.gov.uk, no later than two clear working days before the start of the meeting. Normally, Full Council is held on a Wednesday, therefore the deadline for written questions will be Friday, 23 February 2024.

Written public questions were submitted by Mr Giddings (PQ-02-24) and Mr Hardy on behalf of the Youth Council (PQ-03-24).

R Blachford asked a question relating to funding provided to schools for children with Special Educational Need (SEN), The Cabinet Member for Children’s Services, Education and Corporate Functions advised that he would be happy to meet and discuss the issues, a written response to the question would be provided.

Cllr Parkes asked a question in relation to Transport and travel access to and from the Island, he asked what the Council was doing about this as a matter of urgency. The Leader (with responsibility for Transport and Infrastructure, Highways PFI and Transport Strategy, Strategic Oversight and External Partnerships) advised that the Council did not have control of the ferry companies, he was aware of a letter sent to ministers by Cllr K Love requesting regulation.

Cllr Parkes asked a supplementary question stating the ferry companies were no longer fit for purpose. The Leader advised that regular meetings with ferry companies were scheduled each month where concerns were raised by the Council.

To receive the Chairman’s official announcements.

The Chairman advised that she would provide an update next month, however she advised that the Mermaid Atlantic team had been invited to a presentation and details would be provided once they had been confirmed.

The Chairman proposed a motion to change the order of business to take the motion on notice to rescind part of the decision made at the last meeting prior to the budget item, the proposal was duly seconded.

A vote was taken and the result was as follows:

RESOLVED:

THAT the motion on notice to rescind part of the decision made at the January 2024 Full Council meeting be moved on the agenda.

a)              To receive the Leader’s update report (5 minutes maximum).

b)              Members questions on the Leader’s update report (15 minutes maximum).

The Leader introduced his report and advised that he had nothing further to add.

A question regarding an update on the Kingston development was requested, the Leader advised that discussions had continued with a target of early April for a firm proposal of the site. The Cabinet Member for Economy, Regeneration, Culture and Leisure advised that a written response would be provided.

The Deputy Leader and Cabinet Member for Housing and Finance introduced the report and advised that the report had been discussed at both Corporate Scrutiny and Cabinet and received full backing.

A question was asked to clarify when the charges would apply, the Section 151 Officer confirmed the dates were correct as contained in the recommendations in the report.

The recommendation was duly seconded and a vote was taken, the result of which was:

RESOLVED:

    (i)         THAT Full Council adopt, commencing the billing period starting 1 April 2024, a council tax premium of 100 per cent for all long-term empty properties as defined by amendments to the Local Government Finance Act 1992 in force on that date:

   (ii)         Adopt, commencing the billing period starting 1 April 2025, a council tax premium of 100 per cent for all dwellings occupied periodically as defined by amendments to the Local Government Finance Act 1992 in force on that date (second homes); and

 (iii)         That the Draft Council Tax Policy for Second Homes, Long Term Empty Properties and determining discounts for certain dwellings be adopted and that the council's Section 151 Officer delegated authority to amend the council's policy of premiums in line with secondary legislation and/or statutory guidance, as and when published in conjunction with the Revenues and Benefits Managers.

Under Part 4B(8) – Notice to rescind decision

That the decision made by Full Council on 17 January 2024 to discontinue the current exceptional hardship policy be rescinded.

The Exceptional Hardship Fund (EHF) is an integral part of the Local Council Tax Support (LCTS) scheme that provides additional financial relief for LCTS claimants facing ‘exceptional hardship’. A decision which included discontinuing this aspect of the Local Council Tax Support scheme was made by full council on 17th January 2023.

This council notes that:

·       The cost of living crisis has had a devastating impact on individuals and households, many of which are facing unprecedented financial pressures.

·       From April 2023 and as of December 2023, 150 Islanders were successful in their application for the EHF.

·       This equates to £44,292 of a total £50,000 fund; the Council is expected to exceed that fund total by the end of this financial year, as it did the last financial year.

·       The number of successful EHF applicants and total EHF funds paid out have been increasing every year since the fund started in the 2016/17 financial year, clearly demonstrating there is a growing need for this fund.

·       Discontinuing the EHF without a direct and suitable alternative would likely have adverse financial impacts on a growing number of Islanders that would have otherwise needed it. As a result the potential increases for negative health consequences for individuals and thus – unnecessarily – having wider reaching impacts on services, like our NHS.

·       The decision to discontinue the EHF will result in an increased financial burden to the Isle of Wight Council should the Council use a suggestable alternative to the EHF, such as the Council Tax Discretionary Reductions (CDTR) scheme, as the costs of alternate schemes are not spread across preceptors but wholly that of the Isle of Wight Council.

·       This motion does not seek to rescind the part of the previously made decision by full council that would see an uplift in the LCTS from 70% to 75%. 

Council therefore resolves to:

That the decision made by Full Council on 17 January 2024 to discontinue the current exceptional hardship policy be rescinded.

Councillor J Lever moved the following motion which was duly seconded:

Under Part 4B(8) – Notice to rescind decision

That the decision made by Full Council on 17 January 2024 to discontinue the current exceptional hardship policy be rescinded.

The Exceptional Hardship Fund (EHF) is an integral part of the Local Council Tax Support (LCTS) scheme that provides additional financial relief for LCTS claimants facing ‘exceptional hardship’. A decision which included discontinuing this aspect of the Local Council Tax Support scheme was made by full council on 17th January 2024.

This council notes that:

·       The cost of living crisis has had a devastating impact on individuals and households, many of which are facing unprecedented financial pressures.

·       From April 2023 and as of December 2023, 150 Islanders were successful in their application for the EHF.

·       This equates to £44,292 of a total £50,000 fund; the Council is expected to exceed that fund total by the end of this financial year, as it did the last financial year.

·       The number of successful EHF applicants and total EHF funds paid out have been increasing every year since the fund started in the 2016/17 financial year, clearly demonstrating there is a growing need for this fund.

·       Discontinuing the EHF without a direct and suitable alternative would likely have adverse financial impacts on a growing number of Islanders that would have otherwise needed it. As a result the potential increases for negative health consequences for individuals and thus – unnecessarily – having wider reaching impacts on services, like our NHS.

·       The decision to discontinue the EHF will result in an increased financial burden to the Isle of Wight Council should the Council use a suggestable alternative to the EHF, such as the Council Tax Discretionary Reductions (CDTR) scheme, as the costs of alternate schemes are not spread across preceptors but wholly that of the Isle of Wight Council.

·       This motion does not seek to rescind the part of the previously made decision by full council that would see an uplift in the LCTS from 70% to 75%. 

Council therefore resolves:

That the decision made by Full Council on 17 January 2024 to discontinue the current exceptional hardship policy be rescinded.

Following debate a vote was taken the results were as follows:

RESOLVED;

THAT the decision made by Full Council on 17 January 2024 to discontinue the current exceptional hardship policy be rescinded.

1.          It is recommended that the Council approve the following:

(a)    The revised Revenue Budget for the financial year 2023/24 and the Revenue Budget for the financial year 2024/25 as set out in the General Fund Summary (Appendix 1) which includes:

(i)      Additional spending in Adult Social Care of £6.3m and Children's Services of £5.0m

(ii)    A Covid Contingency of £5m

(iii)   No Revenue Contribution to Capital in 2023/24 or 2024/25

(b)    Any variation arising from the Local Government Finance Settlement 2024/25or any further savings made in 2023/24 arising at the year-end (after allowing for specific carry forward requests) be transferred to the Revenue Reserve for Capital, Transformation Reserve, and General Reserves with the level of each transfer to be determined by the S.151 Officer.

(c)    That the level of Council Tax be increased by 2.99% for general purposes in accordance with the referendum threshold^[1] for 2024/25 announced by Government (as calculated in Appendix 2)

(d)    That the level of Council Tax be increased by a further 2.0% beyond the referendum threshold (as calculated in Appendix 2) to take advantage of the flexibility offered by Government to implement a "Social Care Precept"; and that in accordance with the conditions of that flexibility, the full amount of the associated sum generated of £1,977,705 is passported direct to Adult Social Care

(e)    That the amounts set out in Appendix 2 be now calculated by the Council for the financial year 2024/25 in accordance with Section 31 and Sections 34 to 36 of the Local Government Finance Act 1992

(f)     The S.151 Officer be given delegated authority to implement any variation to the overall level of Council Tax arising from the final notification of the Hampshire Police & Crime Commissioner, Hampshire & Isle of Wight Fire & Rescue Authority and Parish and Town Council precepts, and amend the calculations set out in Appendix 2 accordingly

(g)    The savings proposals for each Portfolio amounting, in total, to £2.75m for 2024/25and continuing into future years as set out on the next page:

(h)       Directors be instructed to start planning how the Council will achieve the savings requirements of  ...  view the full agenda text for item 71.

A 2024/25 Budget and Council Tax setting report had been received from the Leader (with responsibility for Transport and Infrastructure, Highways PFI and Transport Strategy, Strategic Oversight and External Partnerships). Budget amendments had been submitted from Cllrs Quigley and Brodie, the Liberal Democrat Group and jointly from the Conservative group and Empowering Islanders group. These had been accepted by the Section 151 Officer as being legal and presented a balanced budget.

The Leader moved all budget proposals which was duly seconded.

The Leader was invited to speak regarding the Cabinet budget proposals and the submitted budget amendment proposals.

An amendment to the proposal attached as Appendix 1 (and forming part of these minutes) was moved by Cllr R Quigley and Cllr G Brodie.

An amendment to the proposal attached as Appendix 2 (and forming part of these minutes) was moved by Cllr A Garratt.

An amendment to the proposal attached as Appendix 3 (and forming part of these minutes) was moved by Cllr C Mosdell and Cllr C Jarman.

Other Councillors of the Council also made comment on all the budget proposals.

The Leader (with responsibility for Transport and Infrastructure, Highways PFI and Transport Strategy, Strategic Oversight and External Partnerships), and the proposers of the amendments then summed up.

A named vote was taken on Cllr R Quigley and Cllr G Brodie’s budget amendment, the results were as follows:

For (19)

Cllrs D Andre, J Bacon, C Critchison, G Brodie, I Dore, R Downer, P Fuller, A Garratt, J Jones-Evans, P Jordan, J Lever, M Lilley, K Love, K Lucioni, L Peacey Wilcox, R Quigley, S Redrup, I Stephens, N Stuart,

Against (20)

Cllrs D Adams, M Beston, E Blake, P Brading, V Churchman, W Drew, S Ellis, S Hendry, C Jarman, J Medland, C Mosdell, J Nicholson, M Oliver, T Outlaw, M Price, C Quirk, R Redrup, J Robertson, P Spink, I Ward

The amendment fell.

A named vote was taken on the Liberal Democrat’s budget amendment, the results were as follows:

For (17)

Cllrs D Andre, J Bacon, C Critchison, I Dore, R Downer, P Fuller, A Garratt, J Jones-Evans, P Jordan, J Lever, M Lilley, K Love, K Lucioni, L Peacey Wilcox, S Redrup, I Stephens, N Stuart

Against (22)

Cllrs D Adams, M Beston, E Blake, P Brading, G Brodie, V Churchman, W Drew, S Ellis, S Hendry, C Jarman, J Medland, C Mosdell, J Nicholson, M Oliver, T Outlaw, M Price, R Quigley, C Quirk, R Redrup, J Robertson, P Spink, I Ward

The amendment fell.

A named vote was taken on the Conservative and Empowering Islanders budget amendment, the results were as follows:

For (20)

Cllrs D Adams, M Beston, E Blake, P Brading, V Churchman, W Drew, S Ellis, S Hendry, C Jarman, J Medland, C Mosdell, J Nicholson, M Oliver, T Outlaw, M Price, C Quirk, R Redrup, J Robertson, P Spink, I Ward

Against (19)

Cllrs D Andre, J Bacon, C Critchison, G Brodie, I Dore, R Downer, P Fuller, A  ...  view the full minutes text for item 71.

The Deputy Monitoring Officer advised that a recruitment process had been undertaken to ensure the Independent Remuneration Panel was quorate.

The recommendation was proposed and duly seconded. The vote was taken, the result of which was:

RESOLVED:

THAT Dr Angela Wright be appointed to serve on the Independent Remuneration Panel for a term of three years.

The Deputy Monitoring Officer advised that there had been a vacancy on the Local Pension Board, Cllr P Fuller had been nominated and accepted, he had resigned from the Pension Fund Committee to allow him to accept the nomination.

RESOLVED:

THAT it is agreed that Cllr P Fuller is appointed to the Local Pension Board as the elected member appointee in the employer representative category.

The Deputy Leader and Cabinet Member for Housing and Finance advised that in line with changes made by the Non-Domestic Rating Act 2023 changes had been recommended. The changes included the effective start date of any relief and changes to notices and periods of notice to be given.

The recommendation was proposed and duly seconded and a vote was taken, the result of which was:

RESOLVED:

THAT Full Council adopts options 1 and 4 within the report, namely that:

                  (i)          If the application is received by 30 September, the award can only be backdated to 1 April of the current financial year.

                 (ii)         If the application is received after the 30 September, the award can only be backdated to 1 April of the current financial year.

               (iii)         That relief can be amended or ceased by the Council at any such time (determined on a daily basis) as the Council considers that the ratepayer no longer meets the criteria for receiving the relief.

The Cabinet Member for Children’s Services, Education and Corporate Functions introduced the report and proposed the recommendation which was duly seconded.

Council questioned information contained within the report, the Cabinet Member advised that he would circulate the answers after the meeting.

RESOLVED:

    (i)         THAT Full Council approved the updated pay policy as drafted for the period 1 April 2024 – 31 March 2025.

   (ii)         THAT answers to questions raised would be circulated to all Councillors.

Stop Sewage Being Released in the Sea around and from the Isle of Wight!

IW council resolves to acknowledge that the volume of sewage ending up in our waters is unexceptable. From March 2022 to March 2023 there were 16787 hours when sewage was discharged into our waters. In October to November 2023 there was a single duration event of raw sewage release lasting 681 hours at Sandown.

IW council resolves to ensure that any solutions or programs put forward to help solve sewage pollution are adopted and installed without unnecessary barriers.

IW council resolves to work with all interested parties and organisations to implement sustainable urban drainage at every opportunity. For horizontal integration of sustainable urban drainage  to be placed in all ongoing development across the Isle of Wight.

IW Council resolves to work with all stakeholders ensuring that sewage releases into the sea surrounding the Isle of Wight are zero by 2030.

Cllr M Lilley sought councils consent to withdraw his motion. Council duly agreed to the request.

To receive a reply to a question asked during Members’ Question Time to the Leader or Cabinet Member, a question must be submitted in writing or by electronic mail to Democratic Services no later than 5pm on Thursday, 22 February 2024. A question may be asked at the meeting without prior notice but in these circumstances there is no guarantee that a full reply will be given at the meeting.

Cllr G Brodie submitted a written question, the Leader (with responsibility Transport and Infrastructure, Highways PFI and Transport Strategy, Strategic Oversight and External Partnerships) provided a written response. (MQ 10/24).

Cllr G Brodie asked a supplementary question. Why was the number five bus between East Cowes and Newport targeted, the Leader advised that the decision had been made in partnership with Southern Vectis.

Cllr R Quigley asked if the Leader would support him taking on the responsibility for Special Educational Needs and Disabilities (SEND) as a community contact. The Leader believed it was a great idea and was happy for Cllr Quigley to move forward with this.

Cllr K Love asked if a letter could be written to the directors of Red Funnel regarding their staffing issues particularly given that the Islands economy depends on the service. The Leader agreed to send a letter to Red Funnel, he would share both the letter and response with all members.

Cllr J Nicholson asked a question regarding the continued overspend in the community care budget. He asked which budgets the money had come from to support and whether an impact assessment had been undertaken. The Cabinet Member for Adult Social Care and Public Health advised that she would provide a written response.

Cllr C Jarman highlighted the responses to the public consultation on the budget and asked why results of the budget consultation had not been taken into account when proposing a council tax increase. Cllr I Stephens agreed.

Cllr P Brading asked what provision had been made medium term financial plan of evidence of debt that may fall to the Isle of Wight Council due to issues with school place planning. The Cabinet Member for Children’s Services, Education and Corporate Functions advised that planned periods of engagement were already scheduled with the public and stakeholders.

Cllr P Brading asked a supplementary concerning the potential debt if any schools went under with the Council being responsible for them and what provision has being made. The Cabinet Member advised that it was part of a wider range of considerations.

Cllr V Churchman asked a question regarding the IW Pension Fund and the staffing issues within the Pension team, she asked what was being done to replace the fund manager when the post became vacant, and enlarging the pension fund team to handle the situation. The Leader advised that a written reply would be provided and copied to all members.

Cllr M Price asked what provision was in place to deal with standing water on roads, the Leader (with responsibility Transport and Infrastructure, Highways PFI and Transport Strategy, Strategic Oversight and External Partnerships) advised that there were many factors that could cause standing water on roads, the authority was doing what they could, working with partner agencies and Island Roads.

Cllr E Blake asked what contingency was in place if Ventnor was completely shut off without access by emergency services, the Leader (with responsibility Transport and Infrastructure, Highways PFI and Transport Strategy, Strategic Oversight  ...  view the full minutes text for item 78.