Agenda and minutes

It was noted that an apology for absence had been received from Councillor T J Bartlett.

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

Councillor N S Kenton declared a Disclosable Pecuniary Interest in Decision CAB79 (Revised Private Sector Housing Enforcement Policy) by reason of his ownership of privately rented property.

The Decisions of the meetings of the Cabinet held on 4 and 11 September 2017 numbered CAB 38 to CAB 63 (inclusive) are attached.

It was agreed that the decisions of the meetings of the Cabinet held on 4 September 2017 and 11 September 2017 be approved.

The Notice of Forthcoming Key Decisions is included in the agenda to enable the Cabinet to identify future agenda items of public interest that should be subject to pre-Cabinet scrutiny.

It was agreed to note the Notice of Forthcoming Key Decisions.

To consider the recommendations of the Scrutiny (Policy and Performance) Committee (to follow).

It was agreed that the Scrutiny (Policy and Performance) Committee’s endorsement of Cabinet decision CAB55, made at its meeting held on 12 September 2017 (Minute Number 58) be acknowledged and that Cabinet decision CAB55 be reaffirmed.

To consider the recommendations from the Scrutiny (Policy and Performance) Committee (to follow).

It was agreed:

(a)  That the concerns of the Scrutiny (Policy and Performance) Committee made at its meeting held on 12 September 2017 (Minute Number 55) be noted.

(b)  That the Deputy Leader of the Council, Councillor M D Conolly, would attend the meeting of the Scrutiny (Policy and Performance) Committee to be held on 25 October 2017 to address the Committee’s concerns.

To consider the recommendations of the Scrutiny (Policy and Performance) Committee (to follow).

It was agreed that the Scrutiny (Policy and Performance) Committee’s endorsement of Cabinet decision CAB54, made at its meeting held on 12 September 2017 (Minute Number 60) be acknowledged and that Cabinet decision CAB54 be reaffirmed.

To consider the recommendations from the Scrutiny (Policy and Performance) Committee (to follow).

It was agreed that the Scrutiny (Policy and Performance) Committee’s endorsement of Cabinet decision CAB63, made at its meeting held on 12 September 2017 (Minute Number 62) be acknowledged and that Cabinet decision CAB63 be reaffirmed.

To consider the recommendations from the Scrutiny (Policy and Performance) Committee (to follow).

It was agreed:

(a)  That the Scrutiny (Policy and Performance) Committee’s recommendation (Minute No. xx) be amended to read as follows:

“That the Head of Inward Investment, in consultation with partners, be asked to assess the impact of St James’s (DTIZ) and consider what might be done to retain a vibrant high street retail offer in the heart of Dover’s historical town.”

To consider the recommendations from the Scrutiny (Community and Regeneration) Committee (to follow).

It was agreed:

(a)   That the Scrutiny (Community and Regeneration) Committee’s endorsement of Cabinet decision CAB50, made at its meeting held on 13 September 2017 (Minute Number 52(a)) be acknowledged and that Cabinet decision CAB50 be reaffirmed.

(b)   That the Scrutiny (Community and Regeneration) Committee’s recommendation set out in Minute No. 52(b) be agreed as this would be dealt with as part of the work for the Local Plan.

(c)   That the Scrutiny (Community and Regeneration) Committee’s recommendation set out in Minute No. 52(c) be referred to the Head of Paid Service and he be requested to review the available resources.

To consider the attached report of the Director of Finance, Housing and Community.

Responsibility: Portfolio Holder for Housing, Health and Wellbeing

It was agreed that the revisions to the Private Sector Housing Enforcement Policy be approved.

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

Responsibility: Portfolio Holder for Property Management and Public Protection

It was agreed:

(a)  That the Director of Environment and Corporate Assets, in conjunction with the Director of Finance, Housing and Community and the Portfolio Holder for Property Management and Public Protection, review the capital programme with a view to developing a business case for undertaking all of the required works at Deal Pier and not just the essential works.

(b)  That the revised business case be reported to a future meeting of the Cabinet.

To consider the attached report of the Director of EK Shared Services.

Responsibility: Portfolio Holder for Corporate Resources and Performance

Appendices B, B1 and D of the report are included in the private part of the agenda as they contain exempt information (under paragraph 3 (Information relating to the financial or business affairs of any particular person (including the authority holding that information)) of Part 1 of Schedule 12A of the Local Government Act 1972.

It was agreed:

(a)  That the business case for entering into a strategic partnership and contract for the delivery of the Revenues, Benefits and Customer Services functions be approved and that the East Kent Services Committee to requested to give effect to the recommendation.

(b)  That the East Kent Services Committee be authorised to discharge the following functions and delegations on behalf of Dover District Council:

(i)            To act in consultation with the chief legal officer of the Council, to authorise entry into contracts with third parties in relation to the discharge of all or any of the Revenues, Benefits and Customer Services Functions, including the granting of interests in land.

(ii)           To exercise the powers and functions of the Council in relation to any contract entered into by the Council pursuant to (i) above, (to include but not be limited to) making decisions on behalf of the Council in relation to:

(1)   Contract management

(2)    Renegotiation of the contract (acting in consultation with the Solicitor to the Council)

(3)    Variation of the contract (acting in consultation with the Solicitor to the Council)

(4)    Assignment of the contract (acting in consultation with the Solicitor to the Council)

(5)    Novation of the contract (acting in consultation with the Solicitor to the Council)

(6)    Termination of the contract (acting in consultation with the Solicitor to the Council)

(7)    Renewal of the contract (acting in consultation with the Solicitor to the Council)

(8)    Enforcement of the contract including the making and settling of any claims arising under it (whether or not legal proceedings are actual or contemplated)

(c)  To authorise the doing of anything in relation to the exercise of the powers and functions of the Council under Part ll of the Deregulation and Contracting Out Act 1994 and the orders and regulations made under it.

(d)  Acting in consultation with the Solicitor to the Council to authorise entry into contracts with third parties in relation to any functions of the Council which are not the Revenues, Benefits and Customer Service Functions but which can usefully be entered into in connection with or in order to facilitate contracts entered into, or to be entered into with regard to the Revenues, Benefits and Customer Service Functions.

(e)  That all contracts shall be entered into in accordance with the Council’s Contract Standing Orders.

(f)   To authorise the doing of anything incidental to, conducive to or otherwise expedient in connection with (a) to (e) above.

It was agreed that, in accordance with the provisions of the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000, the press and the public be excluded during consideration of the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 of Schedule 12A of the Local Government Act 1972.

To consider the attached report of the Director of Property Services, East Kent Housing.

Responsibility: Portfolio Holder for Housing, Health and Wellbeing

It was agreed:

(a)  That the award of the new Pitched Roofing and Associated Works contract to M&J Group Limited be approved subject to the 30 day notice period required by Section 20 Landlord and Tenant Act 1985 and the Service Charges (Consultation Requirements) (England) Regulations 2003.

(b)  That the Head of Strategic Housing be authorised to undertake the functions of having regard to observations in relation to proposals to award a long-term agreement as required by Section 20 of the Landlord and Tenant Act 1985 and the Service Charges (Consultation Requirements) (England) Regulations 2003 and confirming the award of the contract or reporting further to Cabinet, as is considered appropriate.

To consider the attached report of the Director of Finance, Housing and Community.

Responsibility: Portfolio Holder for Housing, Health and Wellbeing

It was agreed:

(a)  That the proposed projects to construct modular homes for use as interim accommodation on sites identified in the report be approved.

(b)  That the Director of Environment and Corporate Assets, acting in consultation with the Director of Finance, Housing and Community, the Portfolio Holder for Corporate Resources and Performance and the Portfolio Holder for Housing, Health and Wellbeing, be authorised to urgently take the necessary decisions to progress the project to the construction phase including evaluation of tender prices, the value for money business case and decisions relating to the award of contracts.