Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillors T A Bond, G Cowan, J A Cronk and J F Tranter.

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 B Gardner advised that he had been granted a dispensation by the Monitoring Officer enabling him to participate in Minute No 458 despite his Disclosable Pecuniary Interest arising from being a private landlord.

To confirm the attached Minutes of the meeting held on 12 December 2012.

The Minutes of the meeting held on 12 December 2012 were approved as a correct record and signed by the Chairman, subject to the following amendment:

Minute No 347 – Opposition Leader Time

(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.

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

There were no announcements.

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)          A meeting with the new Chairman of Dover Harbour Board, Mr George Jenkins.  Following the decision by the Minister of State for Transport on the future of the Port, it was expected that all Dover Harbour Board appointments would be up for renewal at the expiry of the one year extension granted in 2012.  Mr Jenkins was a former Chairman of East Kent Hospitals Trust.  The meeting discussed the redevelopment of the water front and opportunities for Dover Harbour Board to work with local colleges to provide training on maritime skills.  The Harbour Revision Order covered the locations identified for regeneration and also covered the access issues.

(b)          His positive meeting with the government minister with responsibility for ports during a visit to Dover during which he discussed the opportunities for redevelopment of the Port of Dover.

(c)          That there were now approximately 1,000 people employed on the Enterprise Zone site.  The issue of business rates for the empty buildings on the site had been raised with the Government.

(d)          That the Council had decided not to proceed with the contract with XFor as it was no longer the company that the Council had agreed to contract with.  There was no financial loss to the Council in this decision as the contract, which would have started on 1 February 2013, had not yet been signed.  However, the Council would still continue with a zero tolerance policy on environmental enforcement matters using current Council staff.

(e)          That 50 jobs were being created on the Tilmanstone Colliery site with the location of a new factory fabricating a type of sheeting.

(f)           That the Council was looking at opportunities for local business to apply to the European Union's R&D Fund which was currently underspent.

The Deputy Leader of the Opposition, Councillor M R Eddy, included the following matters in his report:

(a)          To welcome Mr George Jenkins' appointment as Chairman of Dover Harbour Board.

(b)          To express concern that the maritime skills training referred to by the Leader would be delivered given Kent County Council's decision to close Walmer Science College.

(c)          To welcome the news about the new jobs being created in Tilmanstone.

(d)          That more should be done to develop relationships with Europe to attract funds to assist the district.

(e)          To draw comparisons between the situation with XFor and the contract for the cleaning of public toilets.  To express concerns over the commitment to zero tolerance enforcement would be delivered without extra resources.

(f)           The threat by the Secretary of State for Communities and Local Government, Rt Hon Eric Pickles MP, to punish those Councils who use 'loopholes' to raise their council tax.

The Leader of the Council responded to points raised by the Deputy Leader of the Opposition Group in his report as followed:

(a)          That the situation where some councils were 'precept outsourcing' to other precepting bodies was  ...  view the full minutes text for item 453.

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).)

It was noted that Councillor P Walker had been appointed to fill the vacancy following the death of Councillor D G Smallwood as a member of the Licensing Committee.

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 A S Pollitt will ask the Portfolio Holder for Health, Well-Being and Public Protection:

            Could the Portfolio Holder for Health, Well-Being and Public Protection inform the Council if there has been an increase in public health funerals in the past two years in the Dover District and does he expect that there will be a growing trend for public health funerals, which will have a bearing on future budgets?

(2)        Councillor P M Brivio will ask the Portfolio Holder for Access and Property Management:

            Could the Portfolio Holder for Access and Property Management inform the Council of the number of agencies which manage property on behalf of DDC?

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

            Dover District Council is one of the most deprived Districts in Kent and yet there are businesses that pay far more in business rates in this District, compared to equivalent businesses in other parts of the region.  Could the Portfolio Holder for Corporate Resources and Performance explain the reason for this?

(4)        Councillor P M Brivio will ask the Portfolio Holder for Access and Property Management:

            Can the Portfolio Holder for Access and Property Management tell the Council what the latest situation is over Bushy Ruff House, which is in a state of dereliction?

(5)        Councillor P  Walker will ask the Portfolio Holder for Access and Property Management:

            Could the Portfolio Holder for Access and Property Management inform the Council as to the number of empty business properties in the Dover District?

(6)        Councillor M R Eddy will ask the Portfolio Holder for Access and Property Management:

            Can the Portfolio Holder for Access and Property Management explain on what authority he allowed to be issued, and was quoted in a council press release of 8 January in which a commitment was given to "freeze" car parking charges prior to any report having being considered by Cabinet? 

(7)        Councillor P Walker will ask the Portfolio Holder for Environment, Wate and Planning:

            Now that Dover District Council is utilising the services of consultants within the planning section, can the Portfolio Holder for Environment, Waste and Planning confirm that all planning applications will be fully processed within target times?

(8)        Councillor L A Keen will ask the Portfolio Holder for Community, Housing and Youth:

            Will the Portfolio Holder for Community, Housing and Youth explain how this Council will monitor and evaluate the effectiveness of the new youth service provision arrangements throughout the District and will this be done partly through the Scrutiny process?

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

(a)          Councillor A S Pollitt asked a question of the Portfolio Holder for Health Wellbeing and Public Protection, Councillor P G Heath, in respect of whether there had been an increase in the number of public health funerals in the past two years and whether he expected a growing trend in future years with the resulting budgetary implications.

              Councillor P G Heath advised that there was no reason to believe the number of Public Health Act funerals would significantly change from the level seen over the last five years.

(b)          Councillor P M Brivio withdrew her question.

(c)          Councillor P Walker asked a question of the Portfolio Holder for Corporate Resources and Performance, Councillor M D Conolly, in respect of the level of business rates in the district compared to equivalent businesses in other parts of the region.

              Councillor M D Conolly advised that business rates were set on a national level by central Government and applied to the rateable value of the premises regardless of location.  The Council's role was purely that of acting as the collection agency.

(d)          Councillor P M Brivio asked a question of the Portfolio Holder for Access and Property Management, Councillor N J Collor, in respect of the situation over Bushy Ruff House which was in a state of dereliction.

              Councillor N J Collor advised that although the Council no longer owned Bushy Ruff House having sold it in 1985, officers were seeking to contact the owners.

(e)          Councillor P Walker asked a question of the Portfolio Holder for Corporate Performance and Resources, Councillor M D Conolly, as to the number of empty business properties in the Dover District.

              Councillor M D Conolly advised that there were 427 empty business properties in the district.

(f)           Councillor M R Eddy asked a question of the Portfolio Holder for Access and Property Management, Councillor N J Collor, in respect of why he allowed a press release to be issued that committed to a 'freeze' in car parking charges prior to any decision being made by Cabinet.

              Councillor N J Collor advised that the press release indicated that the freezing of parking charges was a proposal only and invited Councillor M R Eddy and others to make representations in accordance with the Notice of Forthcoming Key Decisions should they disagree with his proposal.

(g)          Councillor P Walker asked the Portfolio Holder for Environment, Waste and Planning, Councillor N S Kenton, to confirm if utilising the services of consultants that planning applications would be fully processed within target times.

              Councillor N S Kenton advised that while the Council was working on improving the processing times for planning applications and reducing the number of outstanding applications, outcomes might not improve until the first Quarter of 2013-14 when the new structure and performance management systems were in place.  In addition, there might still be occasions when it was necessary to concentrate  ...  view the full minutes text for item 455.

To consider the attached report of the Director of Governance.

In the event that any Member wishes to propose Option B, thereby changing the provisional Programme of Ordinary Meetings, they are asked to contact the Democratic Services Manager prior to the date of the meeting at which this report is considered in order that the feasibility of rearranging the meeting can be established.

The Democratic Services Manager presented the report on the provisional Programme of Ordinary Meetings 2013/14.  It was stated that in addition to the programme set out in the report an additional date for a Dover District Locality Board meeting had been agreed for 25 June 2013.

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

RESOLVED:    That the Programme of Ordinary Meetings for 2013/14, including the additional Dover District Locality Board meeting for 25 June 2013, be approved in principle subject to final ratification at the Annual Meeting of Council in May 2013.

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.  An amended version of the report had been circulated to Members superseding the version originally included within the agenda papers.

It was moved by Councillor M D Conolly, duly seconded and

RESOLVED:    (a)        That the redistribution of Chief Officer functions and responsibilities be approved from 1 April 2013.

                         (b)        That the changes to the Scheme of Officer Delegations (Council Functions) set out at Appendix 1 of the report be approved from 1 April 2013.

                         (c)        That it be noted that the Leader of the Council would be separately requested to approve changes to the Scheme of Officer Delegations (Executive Functions) from 1 April 2013.

The Cabinet at its meeting on 7 January 2013 considered the attached report of the Director of Finance, Housing and Community upon the Council Tax Benefit Localisation.  The Cabinet recommended the following to Council:

            "It was agreed to recommend to Council that the proposals for Dover's local Council Tax Support Scheme be adopted."

The Portfolio Holder for Corporate Performance and Resources introduced the report on the proposed Council Tax Reduction Scheme.

It was moved by Councillor M D Conolly, duly seconded and

RESOLVED:    That, in accordance with Section 13A of the Local Government Finance Act 1992 as inserted by Section 10 of the Local Government Finance Act 2012 and the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012, the Council makes a local council tax reduction scheme with effect from 1 April 2013 adopting as a scheme the text of the default scheme as set out in the Council Tax Reduction Scheme (Default Scheme)(England) Regulations 2012 (as the present text is amended from time to time) subject to the modifications detailed in sub-paragraphs 3.1(c)(i) to 3.1(c)(vi) of the report as follows:

                         (i)         Calculation of award for working age applicants has the result reduced by 6%;

                         (ii)         Second Adult Rebate (Alternate Maximum Council Tax Reduction) is removed for working age applicants;

                         (iii)        War pensions are fully disregarded as they have been under local provisions under Council Tax Benefit;

                         (iv)        An amendment on how Extended Payments for movers are dealt with;

                         (v)        A provision to end reduction periods under the scheme should the award be reduced to nil; and

                         (vi)        A provision relating to carrying out an annual review of applicable amounts and non-dependant deductions.

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

The Director of Finance, Housing and Community presented the report on the Council Tax Base 2013/14.

It was moved by Councillor M D Conolly, duly seconded and

RESOLVED:    (a)        That the District's Council Tax base for 2013/14 be approved as 34,757.85.

                         (b)        That the Council's Tax Base for the town and parish parts of the Council's administrative area be approved as follows:

The Cabinet at its meeting on 7 January 2013 considered the attached report of the Director of Environment and Corporate Assets upon the Purchase of Noise Recording Equipment.  The Cabinet recommended the following to Council:

            "It was agreed to recommend to Council that the replacement of the noise monitoring equipment be included within the Capital Programme and, subject thereto, that its purchase be approved."

Councillor P G Heath introduced the report on the Purchase of Noise Recording Equipment.

It was moved by Councillor P G Heath, duly seconded

RESOLVED:    That the inclusion of the noise monitoring equipment within the Capital Programme be approved.

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 consider taking 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."

Councillor B W Bano gave notice under Rule 13 of the Council Procedure Rules of his intention to move the following motion:

              "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 consider taking 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."

The Motion was moved by Councillor B W Bano, and duly seconded, and on being put to the vote it was CARRIED.

RESOLVED:    That 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 consider taking 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.

To consider any other items deemed by the Chairman of the Council to be urgent in accordance with the Local Government Act 1972.

There were no items of urgent business.