Agenda and minutes

An apology for absence was received from Councillor T A Bond.

There were no substitute members appointed.

To receive any declarations of interest from Members in respect of business to be transacted on the agenda.

There were no declarations of interest made by Members.

To confirm the attached Minutes of the meeting of the Committee held on 14 February 2017 (to follow).

The Minutes of the meeting held on 14 February 2017 were approved as a correct record and signed by the Chairman.

Please note that in accordance with the agreed Protocol for Public Speaking at Overview and Scrutiny, the right to speak only applies to agenda item 11 (Business Case – Single East Kent Council).

The right of the public to speak does not apply to the following agenda items: Apologies, Appointment of Substitute Members, Declarations of Interest, Minutes, the Forward Plan, the Scrutiny Work Programme, any agenda item that is not accompanied by a written report and items that are exempt business.

Members of the public wishing to speak must register to do so by no later than 2.00 pm on the second working day before the meeting.

The decisions taken by the Cabinet at its meeting held on 1 March 2017 in respect of recommendations from the Scrutiny (Policy and Performance) Committee are attached:

·         Council Budget 2017/18 And Medium-Term Financial Plan 2017/18 - 2020/21

·         Fees and Charges 2017/18

·         Your Leisure Funding Arrangements

·         Performance Report - Third Quarter 2016/17

·         Regent Cinema

Members received the decisions of the Cabinet relating to recommendations made by the Committee.

RESOLVED: That the decisions be noted.

There were no items of business for consideration.

(a)    Items placed on the agenda by a Member of the Committee or any individual Non-Executive Member

       Any individual Councillor may request that a matter is placed on the agenda of one of the Council's Overview and Scrutiny Committees by providing Democratic Support with notice of the matter prior to the agenda being published.

(1)  SCAFFOLDING – TOWER HAMLETS, DOVER

       The Committee at its meeting held on 15 November 2016 agreed to include at the request of Councillor B J Glayzer an item within its work programme relating to concerns over the licensing and safety of scaffolding previously erected in the Tower Hamlets Ward.

       An officer from Kent County Council will be attending to answer questions from the members of the Committee.

(2)  EAST KENT COUNCILS MERGER

       Councillors B J Glayzer and G Rapley have asked that the Scrutiny (Policy and Performance) Committee consider the following matter:

            “I would like to put forward an item requesting a full public consultation at DDC prior to full council on the 22nd of March. This is reference the document & plans for the merger. Our residents have expressed many concerns related to this scheme and therefore we feel this would be the right thing to do by our residents.”

       The report on the proposed East Kent Councils Merger is contained later within the agenda and Members may wish to consider this request as part of that item.

(b)    Items the subject of Call-In

       Executive Decisions may be called-in by the Chairman or Spokesperson of the Scrutiny (Policy and Performance) Committee or any three non-executive members.

       There are no items for consideration.

(c)    Public Petition

       There are no items for consideration.

(1)  Scaffolding – Tower Hamlets, Dover

Councillor B J Glayzer informed Members that he had asked for this matter to come to scrutiny due to concerns over scaffolding erected in Tower Hamlets Street in Dover. In particular his concerns related to a lack of signage, general site safety and personal protection equipment (PPE) used by the builders.

The Road Works Co-Ordinator Dover District (Kent County Council) and the Head of Assets and Building Control (Dover District Council) were in attendance to answer questions from Members in respect of the matter.

Members were advised that the role of Dover District Council’s building control department was to inspect the ‘product’ (i.e. repairs to the roof, etc.) and that they had no role in respect of PPE and site safety as this was a matter for the Health and Safety Executive (HSE). Despite this, when contacted by a member of the public about concerns over the work being carried out in Tower Hamlets Street the Council did contact the builders to remind them of HSE requirements.

The role of Kent County Council was to issue the licence for the scaffolding with basic conditions. However, as the concerns raised were not related to the erection of the scaffolding itself but rather site safety it would be a matter for the HSE.

Members were advised that if anyone had concerns over health and safety they could report them directly to the health and safety executive.

There was concern expressed by Members that despite four inspections of the site by Kent County Council there was no action taken in respect of potential breaches of the scaffolding licence in respect of signage, walkway access and safety lighting.

Members emphasised the importance of ensuring that this situation did not reoccur again and the need for officers to refer concerns to the HSE if the matters related to areas outside of their responsibility.

Councillor S C Manion offered to take up this matter directly with the appropriate Kent County Council Cabinet Member.

RESOLVED:      (a)   That it be noted that the Head of Assets and Building Control had agreed to place the contact details for the Health and Safety Executive on the Building Control website pages.

                           (b)   That the photographic evidence in relation to the scaffolding in Tower Hamlets, Dover be forwarded to the Health and Safety Executive by the Head of Assets and Building Control.

                           (c)   That the Team Leader - Democratic Support be requested to circulate   the link to the scaffold licence to members of the Scrutiny (Policy and Performance) Committee.

                           (d)   That the matter be included within the work programme for consideration at a future date and that representatives from the Health and Safety Executive be invited          to attend.

                           (e) That Kent County Council be requested to investigate including the builders details on the scaffolding licence.            

(2)  East Kent Councils Merger

It was agreed that Councillor B J Glayzer’s proposals for a public meeting as part of the decision route for the proposed Single East Kent Council  ...  view the full minutes text for item 166.

The Team Leader – Democratic Support presented the Notice of Forthcoming Key Decisions to the Committee for its consideration.

RESOLVED: That the Notice of Forthcoming Key Decisions be noted.

The Team Leader – Democratic Support presented the Scrutiny Work Programme

to the Committee for its consideration.

Members requested that updates on Deal Pier and lorry parking be added to the agenda.

RESOLVED:       That the Work Programme be noted subject to the addition of updates on Deal Pier and Lorry Parking to future meetings.

To consider the attached report of the Chief Executive.

The Chief Executive and the Director of Finance, Housing and Community presented the report on the Business Case for a Single East Kent Council.

The presentation set out the financial position facing the Council and the case for a forming a single East Kent Council composed of the areas currently served by Canterbury City Council, Dover District Council, Shepway District Council and Thanet District Council.

The Chief Executive advised that doing nothing in the face of the financial pressures facing the Council was not an option and the Council would have to do something to balance its budget in future.

Members were advised that the proposals were not for the creation of a Unitary Council but rather a new District Council serving the area of the four authorities. In governance terms the proposed new authority would be run on the Committee Model as opposed to the Leader and Cabinet Model with area panels for planning and licensing decisions.

Members were advised that one of the challenges facing the creation of a new council would be the decision as to the level for Council Tax to be harmonised at given the variation in levels currently charged in the four authorities. Harmonising at the level of the lowest of the four authorities (Dover) would be financially challenging whereas harmonising at the level of one of the other authorities would be more sustainable. This would potentially result in an increase for residents of the Dover District and reductions for residents of other authorities depending on the final level of harmonisation. However, that decision was one for the Single East Kent Council and not any of the existing Councils.

In equality terms, the biggest challenge would be the harmonisation of the Council Tax Reduction Scheme.

The Medium Term Financial Plan (MTFP) would include provision for the one-off costs involved in creating the new authority and there would be proposals for the handling of each authorities reserves as part of the new authority.

Members would be asked at the meeting of full Council to be held on 22 March 2017 to make a decision on undertaking a consultation and engagement exercise between 24 March 2017 and 19 May 2017. The consultation would be undertaken using ORS and would include consultation with town and parish councils. There was some concern expressed by members of the Committee over the size of the consultation, the lack of face-to-face consultation events and whether those people consulted had enough information to make informed responses.

A presentation on the consultation and engagement exercise would be made to Members on Friday 17 March 2017. In response to concerns that the consultation clashed with purdah for the Kent County Council elections the Chief Executive stated that there was sufficient time after the end of purdah for Kent County Council to make a response to the consultation.

The Council would be involved in  2 further decisions in respect of the creation of a Single East Kent Council. The first in July 2017 would be  ...  view the full minutes text for item 169.

It was moved by Councillor M I Cosin, duly seconded and

RESOLVED:       That, under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the remainder of the business on the grounds that the items to be considered involve the likely disclosure of exempt information as defined in paragraph 3 of Part I of Schedule 12A of the Act.

To consider the attached report of the Director of Environment and Corporate Assets.

In the absence of the Chairman, the Vice-Chairman assumed the Chair for this item of business.

The Director of Environment and Corporate Assets presented a report on proposals for the funding arrangements for Your Leisure.

RESOLVED:     That it be recommended to Cabinet that Decision CAB163 be endorsed as follows:

(a)   That the Council should cease all funding to Your Leisure for the operation of Dover Leisure Centre from 31 March 2018, the result of which will be the ending of the lease on that date.

(b)   That the Director of Environment and Corporate Assets be authorised, in consultation with the Portfolio Holder for Property Management and Public Protection, to negotiate and agree the terms with Your Leisure for the extension of the lease for Tides Leisure and Indoor Tennis Centre in Deal.

(c)   That a comprehensive assessment be carried out to: (i) clarify the nature and cost of works required to improve facilities at Tides Leisure Centre; and (ii) identify the likely future capital and maintenance costs of the Centre. A further report shall then be submitted to Cabinet.

(Councillor K Mills declared an Other Significant Interest in Minute No. 171 by reason of his daughter’s employment with Your Leisure and withdrew from the meeting for the consideration of this item.)