Agenda and minutes

Council - Wednesday, 6th March, 2013 6.00 pm

Not all meetings are broadcast. The meetings that will be broadcast are as follows: (a) Council; (b) Cabinet; (c) Dover Joint Transportation Advisory Board; (d) General Purposes Committee; (e) Electoral Matters Committee; (f) Governance Committee; (g) Planning Committee; (h) General Purposes Committee and (i) Overview and Scrutiny Committee.

For those meetings that are being broadcast there will be a link to view the live broadcast under the ‘Media’ heading below. Only those items not restricted on the agenda will be broadcast.

Guidance on how to watch live broadcasts of meetings.

The link to view a recording of a meeting that was broadcast can be found on the Council’s YouTube channel (@doverdc)

Venue: Council Chamber - Council Offices. View directions

Contact: Louise Cooke  Democratic Services Manager

Items
No. Item

529.

Apologies

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Councillors T J Bartlett, C J Smith and J F Tranter.

530.

Declarations of Interest

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.

Minutes:

Councillor L A Keen declared a Disclosable Pecuniary Interest in Minute No 536 (Council Budget 2013/14 and Medium Term Financial Plan 2013/14-2015/16) by reason of her employment as clerk to Aylesham Parish Council.

531.

Minutes pdf icon PDF 77 KB

To confirm the attached Minutes of the meeting held on 30 January 2013.

Minutes:

The Minutes of the meeting held on 30 January 2013 were approved as a correct record and signed by the Chairman.

532.

Announcements

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

Minutes:

(a)          Herald of Free Enterprise

 

The Chairman of the Council announced that the meeting was being held on the anniversary of the Herald of Free Enterprise tragedy and called upon the members of the Council to stand in silence for one minute as a mark of respect. 

 

(b)          Use of Electronic Devices during Council meetings

 

The Chairman asked members of the Council to switch of electronic devices during the meeting.

533.

Leader's Time

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.)

Minutes:

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

 

(a)          The news that Howe Barracks and Canterbury Prison were to close and that the resulting job losses had not been forecast in regional growth figures.

 

(b)          That the Local Development Order had been returned from the Secretary of State without change.

 

(c)          That four companies would be granted funds from the Regional Growth Fund – two in the Pfizer site, one already in the district and the fourth company moving to the district.  A further application from a business for Regional Growth funding was expected to be considered the following week and it was hoped that this would be approved.

 

(d)          That the five East Kent group of authorities (Ashford Borough Council, Canterbury City Council, Dover District Council, Shepway District Council and Thanet District Council were making a City of Culture application for the area.  The combined application pooled the heritage, environmental, artistic and cultural benefits of the five districts to create a critical mass.  For the Dover District this included the iconic White Cliffs, golf courses, Deal Music Festival, Dover Castle and the Dover Museum.  

 

(e)          That he had attended a meeting of the Port Consultative Committee during which £76 million of capital projects had been discussed.  This included plans to upgrade and restore Dover Marine Station.  The Committee had guaranteed access to the war memorial for commemorative events during the works and the general public could visit the memorial by appointment.

 

(f)           That air quality had shown major improvement on historic levels.

 

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

 

(a)          The closure of Howe Barracks, Canterbury and the impact of it on East Kent.

 

(b)          That there had been no confirmation from the Port on where the funding for the Terminal 2 work was to come from.

 

(c)          To welcome the news of new businesses on the former Pfizer site but to remind Members that there was still a long way to go before the level of employment on the site returned to former levels.

 

(d)          To state his opposition to the Spare Room Supplement (referred to as the 'bedroom tax') and its impact on the most vulnerable in society.

 

(e)          To highlight the impact of funding cuts arising from the Chancellor's budget on local government, and in particular Dover District Council. 

 

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

 

(a)          That the Council had already adopted the measures identified by the Department for Communities and Local Government in the '50 ways to save' document.

 

(b)          To highlight the record of the current Council administration since 2003.

 

(c)          That the Council's budget would help create new jobs.

534.

Seat Allocation and Group Appointments

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).)

Minutes:

There were no seat allocation or group appointments announced.

535.

Questions from Members

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 L A Keen will ask the Portfolio Holder for Community, Housing and Youth:

 

            Given the underspend in the region of £40,000 in the KCC Youth Service Commissioning budget for the DCC area of £136,000, how would the Portfolio Holder for Community, Housing and Youth rate the effectiveness of the current commissioned youth service provision in Eythorne  and Elvington?

 

(2)        Councillor B W Bano will ask the Leader of the Council:

 

            To the Leader of the Council following the recent National Dignity in Care Day: what steps is the Shadow Health and Well Being Board taking to promote the privacy and dignity agenda across the Health and Social Care sector in the District?

 

(3)        Councillor A S Pollitt will ask the Portfolio Holder for Corporate Resources and Performance:

 

            Does the Portfolio Holder for Corporate Resources and Performance have concerns over staff and departmental pressures if the government goes ahead with plans to change voter registration?

 

(4)        Councillor A S Pollitt will ask the Leader of the Council:

 

            What steps are being taken to carry out an audit of projects delivered by the authority in the past decade as publicly requested by the current MP for Dover and Deal?

 

(5)        Councillor S J Jones will ask the Portfolio Holder for Corporate Resources and Performance:

 

            In determining this year's budget can the Portfolio Holder for Corporate Resources and Performance inform Council what extra measures, if any, have been put in place to help small businesses to develop, rather than stagnate or disappear?

 

(6)        Councillor P Walker will ask the Portfolio Holder for Health, Well-Being and Public Protection

 

            Given the recent developments about the use of horsemeat in foodstuffs, has DCC ensured that its own house is in order with regard to any issues within its own remit, for example Environmental Health, Foodstuffs businesses and food preparation premises?

 

(7)        Councillor M R Eddy will ask the Leader of the Council:

 

            Following a resolution of the full council made in 25 July 2012, Cabinet agreed on 10 September to set up a "Partnership Board" to draw up and implement a local Community Covenant which would assist serving families and veterans and their families.

 

            As a member of that  Partnership Board is the Leader of this Council able to update the council on how the Partnership's Board's work programme is progressing, including the dates of any meetings held and how he intends to keep the council informed of further progress.

 

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

 

            A recently published survey of Deal businesses identifies  ...  view the full agenda text for item 535.

Minutes:

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

 

(1)          Councillor L A Keen asked the Portfolio Holder for Community, Housing and Youth, Councillor S S Chandler:

 

              "Given the underspend in the region of £40,000 in the KCC Youth Service Commissioning budget for the DCC area of £136,000, how would the Portfolio Holder for Community, Housing and Youth rate the effectiveness of the current commissioned youth service provision in Eythorne and Elvington?"

 

              In response, it was stated that the Dover Locality Board would review the new youth service provision arrangements and a report would be made to a future meeting in respect of any underspend.

 

(2)          Councillor B W Bano asked the Leader of the Council, Councillor P A Watkins:

 

              "Following the recent National Dignity in Care Day: what steps is the Shadow Health and Well Being Board taking to promote the privacy and dignity agenda across the Health and Social Care sector in the District?"

 

              In response it was stated that the Health and Wellbeing Board was comprised of a number of partner organisations who would already be promoting dignity and privacy in health and social care and if the Board could assist in promoting and reinforcing the message then it would do so.

 

(3)          Councillor A S Pollitt asked the Portfolio Holder for Corporate Resources and Performance, Councillor M D Conolly:

 

              "Does the Portfolio Holder for Corporate Resources and Performance have concerns over staff and departmental pressures if the government goes ahead with plans to change voter registration?"

 

              In response it was stated advised that although the full resource implications would not be known until the secondary legislation arising from The Electoral Registration and Administration Act 2013 was in place, the Government had advised that it would meet the costs associated with the implementation of the new system under the new burdens doctrine.

 

(4)          Councillor A S Pollitt asked the Leader of the Council, Councillor P A Watkins:

 

              "What steps are being taken to carry out an audit of projects delivered by the authority in the past decade as publicly requested by the current MP for Dover and Deal?"

 

              In reply it was stated that the Member of Parliament for Dover had made no such request.

 

(5)          Councillor S J Jones asked the Portfolio Holder for Corporate Resources and Performance, Councillor M D Conolly:

 

              "In determining this year's budget can the Portfolio Holder for Corporate Resources and Performance inform Council what extra measures, if any, have been put in place to help small businesses to develop, rather than stagnate or disappear?"

 

              In response it was stated that the Council continued to support small businesses in a number of ways despite the continued pressure on the authority's resource base.  This included:

 

              ·         Focusing resources on regeneration projects and the Sandwich Enterprise Zone as success in this area would feed through to small businesses.

              ·         By being an active partner in the East Kent 'Grow for It' campaign launched on 27 February  ...  view the full minutes text for item 535.

536.

Council Budget 2013/14 and Medium Term Financial Plan 2013/14 - 2015/16 pdf icon PDF 80 KB

The Cabinet at its meetings on 4 February 2013 and 4 March 2013 and the Scrutiny (Policy and Performance) Committee at its meeting on 12 February 2012 considered the report of the Director of Finance, Housing and Community (circulated separately) upon the Council Budget 2013/14 and Medium Term Financial Plan 2013/14 – 2015/16.  The following is recommended to Council:

 

Cabinet – 4 March 2013

 

To be circulated at the meeting.

 

Scrutiny (Policy and Performance) Committee – 12 February 2012

 

That it be recommended to the Cabinet:

 

(a)        That the draft General Fund Revenue Budget, the Capital and Special Projects Programmes, the Housing Revenue Account budget and the content of the Medium-Term Financial Plan (MTFP) be approved for submission to Council subject to the recommendation made in respect of the fees and charges report that the charge to residents for the purchase of Grave Space for a child under 12 years of age be abolished.

 

(b)        That it be noted that the Medium Term Financial Plan was subject to the addition of the Council Tax Resolution, Treasury Management Strategy and other minor adjustments before being presented to Council at its meeting to be held on 6 March 2013.

 

(c)        That the Director of Finance, Housing and Community and his team be thanked be for their excellent work in preparing the budget. 

 

Cabinet – 4 February 2013

 

It was agreed:

 

(a)        That the draft General Fund Revenue Budget, the Capital and Special Projects Programmes, the Housing Revenue Account budget and the content of the Medium-Term Financial Plan (MTFP) be forwarded to the Scrutiny (Policy and Performance) Committee for consideration.

 

(b)        That it be noted that the MTFP will be subject to the addition of the Council Tax Resolution, Treasury Management Strategy and other minor adjustments before being presented to Council in March.

 

(c)        That the various recommendations at the end of the sections within the budget and the MTFP report be forwarded to the Scrutiny (Policy and Performance) Committee for consideration, as follows:

 

            (i)         Approve the freezing of the Green Waste subscription fees at £40.

 

            (ii)        Approve the grants to organisations detailed at Annex 11 of the report.

 

            (iii)       Approve the General Revenue Fund Budget for 2013/14 and the projected out-turn for 2012/13.

 

            (iv)       Continue the practice of delegated authority to the Director of Finance, Housing and Community to approve revenue budget carry forwards within the guidelines set out, and create and draw down Growth Point reserves in order to apply them to regeneration projects and support.

 

            (v)        Approve the policies and protocols regarding the General Fund balances and earmarked reserves, and transfers between reserves as set out in Annex 6 of the report.

 

            (vi)       Approve the 2012/13 Projected Out-turn and the 2013/14 Housing Revenue Account budget at Annex 7 of the report.

 

            (vii)      Approve the 2012/13 and 2013/14 transfers to the Housing Initiatives Reserve.

 

            (viii)      Approve the basis upon which the capital and special projects programmes have been compiled.

 

            (ix)       Delegate the decisions to apply capital receipts, revenue funds and other  ...  view the full agenda text for item 536.

Additional documents:

Minutes:

The Council considered the report of the Director of Finance, Housing and Community.

 

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

 

(a)          That  the  draft  General  Fund  Revenue  Budget,  the  Capital  and  Special ProjectsProgrammes,theHousingRevenueAccountbudget,theCouncil TaxResolutionandthecontentoftheMTFPbeapproved(includingthe amendmentoftheGeneralFundRevenueBudgettoreflectthewithdrawalof chargesforthepurchaseofgrave spacefora child under 12 yearsofage).

 

(b)          That it benotedthatitistheviewoftheDirectorofFinance,Housingand Communitythatthebudgethasbeenpreparedinanappropriateandprudent mannerandthat,basedupontheinformationavailable, thebudgetsare robustandtheestimatedGeneralFundandHousingRevenueAccount balancesandreservesareconsideredadequateforth  ...  view the full minutes text for item 536.

537.

Pay Policy 2013 pdf icon PDF 60 KB

To consider the attached report of the Director of Governance.

Additional documents:

Minutes:

The Director of Governance presented the report on the Council's Pay Policy.

 

It was moved by Councillor S M Le Chevalier, duly seconded and

 

RESOLVED:    That the Pay Policy Statement set out at Appendix 1 of the report be approved prior to its publication on the Council's website.

538.

Motion

In accordance with Council Procedure Rule 13, Councillor P Walker will move:

 

            "Following the recent severe weather, while this Council welcomes the additional resources which have been made available to repair potholes, this Council requests KCC to ensure that its other highways repairs and maintenance obligations are not jeopardised."

Minutes:

Councillor P Walker gave notice under Rule 13 of the Council Procedure Rules of his intention to move the following Motion:

 

"Following the recent severe weather, while this Council welcomes the additional resources which have been made available to repair potholes, this Council requests KCC to ensure that its other highways repairs and maintenance obligations are not jeopardised."

 

The Motion was moved by Councillor P Walker and duly seconded.

 

It was moved by Councillor N J Collor and duly seconded that the motion be amended as followed:

 

"Following the recent severe weather this Council welcomes the additional resources that have been made available to repair pot holes.  We also congratulate Kent County Council in ensuring that its other highways repairs and maintenance obligations have not been jeopardised."

 

The Amendment FELL by reason of being a direct negative.

 

It was moved by Councillor P A Watkins and duly seconded that the motion be amended as followed:

 

"Following the recent severe weather, while this Council welcomes the additional resources which have been made available to repair potholes, this Council requests KCC continue to ensure that its other highways repairs and maintenance obligations are not jeopardised."

 

Councillor P Walker and his seconder, Councillor G J Hood, agreed to accept the amendment, whereupon with the consent of Council it was put to the meeting as the substantive Motion and APPROVED and ADOPTED.

 

RESOLVED:    Following the recent severe weather, while this Council welcomes the additional resources which have been made available to repair potholes, this Council requests KCC continue to ensure that its other highways repairs and maintenance obligations are not jeopardised.

539.

Arrangements made by the Leader of the Council for the Discharge of Executive Functions under Section 14(2) Local Government Act 2000 (as amended) pdf icon PDF 127 KB

The following notices are attached for information and relate to amendments made by the Leader of the Council to the arrangements for the discharge of executive functions:

 

Arrangement No 01/12

Arrangement No 02/12

Arrangement No 03/12

Additional documents:

Minutes:

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

 

RESOLVED:    That the arrangements made by the Leader of the Council for the Discharge of Executive Functions under Section 14(2) Local Government Act 2000 (as amended) be noted.

540.

Urgent Business Time

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

Minutes:

There were no items of urgent business.