Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillors J H Goodwin, D Hannent, K Mills and A S Pollitt.

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

Where a Member has a new or registered Disclosable Pecuniary Interest (DPI) in a matter under consideration they must disclose that they have an interest and, unless the Monitoring Officer has agreed in advance that the DPI is a 'Sensitive Interest', explain the nature of that interest at the meeting.  The Member must withdraw from the meeting at the commencement of the consideration of any matter in which they have declared a DPI and must not participate in any discussion of, or vote taken on, the matter unless they have been granted a dispensation permitting them to do so.  If during the consideration of any item a Member becomes aware that they have a DPI in the matter they should declare the interest immediately and, subject to any dispensations, withdraw from the meeting.

Where a Member is declaring an Other Significant Interest (OSI) they must also disclose the interest and explain the nature of the interest at the meeting.  The Member must withdraw from the meeting at the commencement of the consideration of any matter in which they have declared a OSI and must not participate in any discussion of, or vote taken on, the matter unless they have been granted a dispensation to do so or the meeting is one at which members of the public are permitted to speak for the purpose of making representations, answering questions or giving evidence relating to the matter.  In the latter case, the Member may only participate on the same basis as a member of the public and cannot participate in any discussion of, or vote taken on, the matter and must withdraw from the meeting in accordance with the Council's procedure rules.

Councillor S C Manion declared a Disclosable Pecuniary Interest in respect of Minute No 349(g) by reason of his wife being a member of the Clinical Commissioning Group and withdrew from the meeting for the consideration of this item.

To confirm the attached Minutes of the meeting held on 26 September 2012 and the extraordinary meeting held on 3 October 2012.

The Minutes of the meeting held on 26 September 2012 were approved as a correct record and signed by the Chairman.

The Minutes of the meeting held on 3 October 2012 were approved as a correct record and signed by the Chairman, subject to the following:

(a)          Minute No 249

In response to a query from Councillor S C Manion regarding whether he had an interest in Agenda Item 7 (Land Allocations Pre-Submission Local Plan) by reason of owning a house in an area included in the Plan, the Director of Governance advised that Members would have a Disclosable Pecuniary Interest or an Other Significant Interest only if they, a spouse or Associated Person would benefit financially from a specific parcel of land included in the Land Allocations Pre?Submission Local Plan.

Councillor S C Manion declared a Disclosable Pecuniary Interest in Minute No 252 by reason of his owning a house in an area included within the Plan and left the meeting for the consideration of that item.

(b)          Minute No 252

The Council considered the report of the Director of Regeneration and Development regarding the Land Allocations Pre-Submission Local Plan and viewed a presentation.   

Councillor N S Kenton proposed the recommendations set out in the report, which was duly seconded.

At its meeting held on 1 October 2012, Cabinet had agreed the recommendations contained in the report (CAB 23), subject to the amendment of the Dover urban boundary to include land at Copthorne, Dover Road, Guston.

It was proposed as an amendment by Councillor J A Cronk, duly seconded

(a)          That a list of changes to confines be put in the front of the Plan.

Councillor N S Kenton with the consent of the Council and his seconder agreed to accept Councillor J A Cronk's amendment as part of his motion.

It was proposed by Councillor N S Kenton, duly seconded and

RESOLVED:    (a)        That the Land Allocations Pre-Submission Local Plan and the accompanying Sustainability Appraisal and Habitat Regulations Assessment, as set out at Appendices 5 and 6 of the report, be agreed and taken forward for adoption, subject to the amendment of the Dover urban boundary to include land at Copthorne, Dover Road, Guston.

                         (b)        That the Director of Regeneration and Development be authorised to make any necessary editorial changes to the Land Allocations Pre-Submission Local Plan, Sustainability Appraisal and Habitat Regulations Assessment, to assist with clarity, consistency, explanation and presentation.

                         (c)        That the Director of Regeneration and Development be authorised to determine whether, in the light of any representations received on the Land Allocations Pre-Submission Local Plan, it should be submitted to the Secretary of State for independent examination.

                         (d)        That the Council's gratitude to officers for their work be recorded.

                         (e)        That a list of changes to confines be put in the front of the plan.

To receive any announcements from the Chairman, Leader, Members of the Cabinet or Head of Paid Service.

(a)          The death of Councillor D G Smallwood

The Chairman announced the sad news of the recent death of Councillor D G Smallwood, who had served on the Council since 1997. Councillor D G Smallwood represented the District Council ward of Maxton, Elms Vale and Priory and also served on Dover Town Council and was a former Mayor of Dover.

The Chairman called upon Councillors G Cowan and P A Watkins as group leaders to speak and they paid tribute to her service to the communities she represented and the qualities she brought to her successful time as Mayor of Dover.

Councillor J A Cronk reflected on his many happy memories of the 20 years he had worked with Councillor D G Smallwood at Megger.    

(b)          The Death of Mr Richard Blythe

The Chairman announced that Mr Richard Blythe, the groundskeeper at Kearsney Abbey and Bushy Ruff had also recently died.

The Council stood in silence as a mark of respect for Councillor D G Smallwood and Mr Blythe.

To receive a presentation on behalf of the National Grid.

The Council received a presentation in respect of the National Grid Nemo Interconnector project.

To receive an oral report at the meeting from the Leader (and Cabinet) on the business of the Executive or on any topic or subject that it is felt should be brought to the attention of the Council.

(Up to fifteen minutes is allowed for the Report of the Leader (and Cabinet), up to ten minutes is allowed for the Leader of the Major Opposition Group (or his nominee) to respond, up to five minutes is allowed for the Leader of any other Opposition Group (or his nominee) to respond.  The Leader is allowed up to five minutes as a Right of Reply or 25% of the time given to the Opposition Group Leaders, whichever is the greatest.)

The Leader of the Council, Councillor P A Watkins, included the following matters in his report:

(a)          To advise of the successful bid for Big Lottery funding for Central Dover.  The £1 million fund would be open to community groups to bid for to fund local projects.

(b)          The recent presentation to the Shadow Health and Wellbeing Board on proposals to designate a single major trauma unit site for East Kent, with William Harvey Hospital as the Trust's favoured site.  The result of this proposed service reconfiguration if implemented would result in longer journey times for patients.  There was also concern that the Deal outpatients' service could be removed when the new Buckland Hospital was operational and some coastal cottage hospitals in other parts of Kent faced a similar situation.

(c)          An exhibition of Buckland Health facility with wider range of OPD services.

(d)          Representatives from the Shadow Kent Health and Wellbeing Board and Dover Health and Wellbeing Board met with representatives of the Department of Communities and Local Government to discuss the working of Health and Wellbeing Boards in a two tier environment.

(e)          That the new South Kent Coast Clinical Commissioning Group would be renting office space in the Council Offices.

(f)           The following issues were discussed at the Shadow Locality Board:

·                   Library services           

·                   A review of educational placement

·                   A discussion with the Leader of Kent County Council on how the informal governance arrangements for the Locality Board were operating.

·                   A skills exercise involving Councillor C J Smith and Councillor L B Ridings.

(g)          That an economic development initiative for East Kent had been held at the Cruise Terminal to promote tourism and life sciences at the Pfizer Discovery Park.

(h)          To update the Council on the progress of the Aylesham Project, which would involve a bid for £5 million from the Growing Places fund to frontload infrastructure works.

(i)           That the demolition of the 1980's building on the Pfizer site was being explored as a possibility by the Discovery Park's owners.

The Leader of the Opposition, Councillor G Cowan, included the following matters in his report:

(a)          To express his hope that the Big Lottery funding for Dover would deliver results.

(b)          That at the Kent Health Overview and Scrutiny Committee meeting Councillor M R Eddy had raised the issue of the impact of Buckland Hospital on Deal Hospital outpatient services.

(c)          To repeat his previously expressed concern that rather than generate new jobs, local businesses would instead relocate to the Discovery Park.

(d)          To highlight the cost of the Olympic Celebrations to the Council and the potential impact of Welfare Reform on the Council's finances.  He also expressed his concern that announcements from the Department of Communities and Local Government on other schemes would have an adverse impact on local authority finances. 

(e)          That the move to monthly welfare payments would be a problem those on low incomes who were not used to monthly budgeting and the Council needed to do everything it could to  ...  view the full minutes text for item 347.

To receive from Group Leaders any changes to seat allocations or appointments.

(Note:  Any changes must be within the approved allocation of seats to political groups in accordance with the political balance rules (where applicable).)

There were no changes to seat allocation or group appointments.

Up to 60 minutes is allowed for this part of the meeting unless extended by the Chairman of Council on a motion moved, duly seconded and approved by the Council.  Members may ask one supplementary question in addition to their original question.

To receive answers in respect of questions from Members of the Council to a Member of the Executive asked in accordance with Rule 12 of the Council Procedure Rules.

(1)        Councillor P M Brivio will ask the Portfolio Holder for Corporate Resources and Performance:

            Can you confirm that Dover District Council like several other local authorities, pay employees a living wage?

(2)        CouncillorP M Brivio will ask the Portfolio Holder for Corporate Resources and Performance:

            Has this Council considered the extra resources that will be needed following the introduction of Universal Credit in 2013?

(3)        Councillor P Walker will ask the Portfolio Holder for Corporate Resources and Performance:

            Now that a further £68,900 has been identified to be taken from Special Project Reserves on in-year savings to make up the shortfall in funding re the Olympic Torch event, can the Portfolio Holder please clarify the amount of in?year savings expected from the current year's budget?

(4)        CouncillorL A Keen will ask the Leader of the Council:

            What is DDC doing to ensure that the underspend revealed at the recent Locality Board meeting within the £136,000 allocated for youth work bids in Dover District will be retained for the benefit of Dover young people, and not spent by KCC elsewhere?

(5)        CouncillorA S Pollitt will ask the Portfolio Holder for Corporate Resources and Performance:

            How satisfied is the Portfolio Holder that the Council is getting sufficient returns from its outside fund managers?

(6)        Councillor S J Jones will ask the Portfolio Holder for Environment, Waste and Planning:

            Can you inform this Council when will the criteria for the issuing of fixed penalty notices be made available for consideration by Councillors (or Cabinet)?

(7)        CouncillorB W Bano will ask the Portfolio Holder for Health, Well-Being and Public Protection:

            Can you inform the Council what steps you are taking to prevent the closure of Outpatients clinics at Deal Hospital?

In accordance with Rule 12 of the Council Procedure Rules, Members of the Cabinet responded to the following questions:

(a)          Councillor P M Brivio asked a question of the Portfolio Holder for Corporate Resources and Performance, Councillor M D Conolly in respect of whether District Council paid its employees a 'living wage'.

(b)          Councillor P M Brivio asked a question of the Portfolio Holder for Corporate Resources and Performance, Councillor M D Conolly, in respect of whether the Council had considered the extra resources that would be needed as a result of the introduction of Universal Credit in 2013.

(c)          Councillor P Walker asked the Portfolio Holder for Corporate Resources and Performance, Councillor M D Conolly, what impact the additional £68,900 required from the Special Project Reserves for the shortfall in funding for the Olympic Torch Relay would have on the Council's current budget forecast.

(d)          Councillor L A Keen asked a question of the Leader of the Council, Councillor P A Watkins, in respect of what the Council was doing to ensure that the KCC under spend revealed at a recent Locality Board meeting for youth work would be retained for the benefit of young people in Dover.

(e)          The Chairman advised that in the absence of Councillor A S Pollitt a written answer would be provided to his question.

(f)           Councillor S J Jones asked a question of the Portfolio Holder for Environment, Waste and Planning, Councillor N S Kenton, in respect of when the criteria for issuing fixed penalty notices would be made available for consideration by councillors or a committee of the Council.

 (g)         Councillor B W Bano asked a question of the Portfolio Holder for Health, Wellbeing and Public Protection, Councillor P G Heath, to advise what steps he was taking to prevent the closure of Outpatient clinics at Deal Hospital.

(Councillor S C Manion withdrew from the meeting for to the consideration question (g).)

To consider the attached report of the Head of Paid Service.

The Chief Executive presented the report on Changes to the Chief Officer Structure as part of the Delivering Effective Services review.

In response to Councillor B W Bano's question as to whether the report constituted exempt business, the Director of Governance advised that Chief Officer salaries were already in the public domain as the Council listed them on its website.

It was moved by Councillor P A Watkins, duly seconded and

RESOLVED:    (a)        That the proposed changes to the Chief Officer (Corporate Management Team) structure be approved with effect from 1 April 2013.

                         (b)        That the deletion from the establishment of the post of Director of Regeneration and Development (a Chief Officer post) be approved with effect from 1 April 2013.

                         (c)        That the existing post holder be dismissed on the grounds of redundancy with effect from 1 April 2013 and that notice be given to this effect by 1 January 2013.

                         (d)        That the resultant changes to the functions of the Chief Officers who form the Council's Corporate Management Team with effect from 1 April 2013 be reported to the Council in March 2013 alongside the budget setting process.

                         (e)        That the resultant changes to the Scheme of Officer Delegations (Council Functions) and to the Constitution with effect from 1 April 2013 be reported to the Governance Committee.

                         (f)         That the transfer of £54,000 from the Cluster Reserve to meet the redundancy costs of the Director of Regeneration and Development be approved.

The Cabinet at its meeting on 3 December 2012 considered the attached report of the Director of Governance upon the Olympic Celebrations Budget.  The Cabinet recommended the following to Council:

            "It was agreed to recommend to Council that the transfer of £68,900 from the Special Projects Reserve to meet the expenditure on the Olympic celebrations be approved."

The report on the Olympic Celebrations budget was introduced by Councillor S S Chandler. The recommendation set out in the report was moved by Councillor S S Chandler and duly seconded.  

Following discussion of the report and in accordance with Council Procedure Rule 14, Councillor F J W Scales moved, and it was duly seconded, that the question now be put.  On being put to the vote the motion was CARRIED.

RESOLVED: That the question now be put.

It was moved by Councillor S S Chandler, duly seconded and

RESOLVED:    That the transfer of £58,900 from the Special Projects Reserve to meet the expenditure on the Olympic Celebrations be approved.

At the end of business for this item, the Chairman called for a short adjournment.  Councillors B W Bano and F J W Scales did not return when the meeting reconvened.

To consider the attached report of the Monitoring Officer.

The Director of Governance made a presentation to the Council on the Code of Conduct and the provisions for Member Dispensation in relation to the setting of the Council's budget.

It was moved by Councillor J A Cronk, duly seconded and

RESOLVED:    (a)        That dispensations be granted for the period 12 December 2012 to 11 May 2015 for all Members present at the meeting who submit a signed request to the Monitoring Officer in the model form as detailed at Appendix 1 of the report.

                         (b)        That the Monitoring Officer be authorised to grant dispensations to Members of the Council from 12 December 2012 until 11 May 2015 in the same form as those approved at the Council meeting held on 12 December 2012, on submission of a signed request in the model form as set out at Appendix 1 of the report. 

The Electoral Matters Committee at its meeting on 4 December 2012 considered the attached report of the Democratic Services Manager upon the Review of Parliamentary Constituency Boundaries.  The Committee recommended the following to Council:

            "That it be recommended to the Council that it endorse the views of the Electoral Matter Committee in respect of the Boundary Commission England's revised proposals for parliamentary constituencies as follows:

            (a)        That support be expressed for the new constituency name of Dover and Deal CC.

            (b)        That the decision to accept the representation previously submitted by the Council in response to the initial proposals with regard to the inclusion of both Little Stour and Ashstone and Sandwich wards within a Thanet constituency be welcomed.

            (c)        That the inclusion of the North East Downs ward within the constituency of Dover and Deal CC be supported."

It was moved by Councillor P A Watkins, duly seconded and

RESOLVED:    That the recommendations of the Electoral Matters Committee in respect of the Boundary Commission England's revised proposals for parliamentary constituencies be approved as follows:

                         (a)        That support be expressed for the new constituency name of Dover and Deal CC.

                         (b)        That the decision to accept the representation previously submitted by the Council in response to the initial proposals with regard to the inclusion of both Little Stour and Ashstone and Sandwich Wards within a Thanet constituency be welcomed.

                         (c)        That the inclusion of the North East Downs Ward within the constituency of Dover and Deal CC be supported.

At its meeting held on 10 October 2012 (Minute No 7), the Joint Health, Safety and Welfare Consultative Forum received a report on health and safety inspections which are being carried out at all of the Council's premises.  The Director of Environment and Corporate Assets has delegated powers to agree remedial works arising from the inspections, but it is proposed that any other matters should be referred to Cabinet or Council or Corporate Management Team, as appropriate.   Governance Committee has been requested to recommend to Council that the Terms of Reference of the Joint Health, Safety and Welfare Consultative Forum be amended to enable it to submit recommendations and advice on health and safety issues to Cabinet.

The recommendation of Governance Committee will be circulated at the meeting.

It was moved by Councillor T J Bartlett, duly seconded and

RESOLVED:    That the Terms of Reference of the Joint Health, Safety and Welfare Consultative Forum be amended to enable it to submit recommendations and advice on health and safety issues to the Cabinet.

To consider the attached report of the Solicitor to the Council.

The Director of Governance presented the report on the Regulation of Investigatory Powers Act 2000 – Judicial Approval.

It was moved by Councillor P A Watkins, duly seconded and

RESOLVED:    That the arrangements for the discharge of council functions set out in Section 6 of Part 3 of the Council's constitution be amended by the insertion of the following delegation to the Solicitor to the Council and the Community Safety, CCTV and Parking Manager:

(1)        In accordance with Council Procedure Rule 13, Councillor L A Keen will move:

            "Dover District Council pledges its support and all possible assistance to Aylesham community groups in their application to KCC to run the former KCC Aylesham Youth Club Building to preserve it as a community asset for the benefit of local groups and residents."

(2)        In accordance with Council Procedure Rule 13, Councillor B W Bano will move:

            "In view of the recently published concerns over poor quality of care of elderly and vulnerable people, Council requests the Shadow Health and Well Being Board to take steps, including the appointment of a lead member, to ensure that all necessary quality assurance and other mechanisms are in place to ensure that these issues are addressed to assure the health and well being of local elderly and vulnerable people."

(1)          Councillor L A Keen gave notice under Rule 13 of the Council Procedure Rules of her intention to move the following motion:

              "Dover District Council pledges its support and all possible assistance to Aylesham community groups in their application to KCC to run the former KCC Aylesham Youth Club Building to preserve it as a community asset for the benefit of local groups and residents."

The motion was moved by Councillor L A Keen and duly seconded.

In response to an amendment proposed by Councillor S S Chandler, that the motion by reworded to state "all reasonable assistance" instead of "all possible assistance", Councillor L A Keen as the proposer and Councillor P Walker as the seconder with the consent of the Council agreed to reword the motion to incorporate the amendment.

On being put to the vote the motion was CARRIED.

RESOLVED:  That Dover District Council pledges its support and all reasonable assistance to Aylesham community groups in their application to KCC to run the former KCC Aylesham Youth Club Building to preserve it as a community asset for the benefit of local groups and residents. 

(2)        The Chairman advised that in the absence of Councillor B W Bano who had left earlier in the meeting, the motion that he had given notice of under Rule 13 of the Council Procedure Rules would be withdrawn.