Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillors T A Bond, P I Carter, J A Cronk, G J Hood, L A Keen, K Mills, K E Morris, M J Ovenden 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 S S Chandler advised that she had a Disclosable Pecuniary Interest in Minute No 139.

To confirm the attached Minutes of the meetings held on 22 May 2013.

The Minutes of the meetings held on 22 May 2013 were approved as a correct record and signed by the Chairman.

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

The Chairman of the Council made the following announcements:

(a)          Birth of a Son for the Duke and Duchess of Cambridge

              That a letter had been written by the Chairman to the Duke and Duchess of Cambridge expressing congratulations on the birth of their son.

(b)          Visits by Bangladesh High Commission and the Consul General of the French Embassy in London

              To update the Council on the recent visits by the Bangladesh High Commission and the French Consul General to the District, and to show the civic gifts presented by them to the Council.

(c)          Capel-le-Ferne

              The Chairman's attendance at the recent gym equipment launch in Capel?le?Ferne.

(d)          The Death of Former Councillor Roger Rook

              The sad news of the death of former District Councillor Roger Rook who represented the Lower Walmer Ward from 1999 to 2003. 

              The Chairman then invited the Leader of the Council, Councillor P A Watkins, and the Leader of the Opposition, Councillor M R Eddy, to say a few words and they paid tribute to his good character and cheerful disposition.

              The Council stood in silence as a mark of respect.

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)                   The £2 million investment in community and modern office facilities in Aylesham.

(b)                   The work being undertaken by the South Kent Coast Clinical Commissioning Group in respect of intermediate care requirements for the district.

(c)                   That no agreement had been reached between the South Kent Coast Clinical Commissioning Group and East Kent Hospitals over the closure of Deal Hospital outpatients facilities.  However, the CCG had the final say on the matter.

(d)                   Ongoing discussions between Kent County Council and South Kent Coast Clinical Commissioning Group on the allocation of funding for social care.

(e)                   There were 44 firms at the former Pfizer site with a total 1400 jobs now on site or in the pipeline.

(f)                     That Peter Jones, the ex-leader of East Sussex County Council and former Vice-Chairman of SEEDA had been appointed as Chairman of the South East Local Enterprise Partnership.  He replaced the former chairman who had resigned following his election to Essex County Council.

(g)                   The allocation of several EU funding streams such as Interreg to the South East Local Enterprise Partnership for awarding.

(h)                   That the Council was bidding to extend Assisted Area Status as it provided access to funding streams that would otherwise be unavailable to the district.

(i)                      That the Secretary of State had not called-in the Farthingloe planning application despite heavy public lobbying for a public enquiry.

(j)                      That the changes to the Port Consultative Committee would be in place soon and it was hoped that once this was done progress could be made in advancing the regeneration agenda.

(k)                    The recent visit by Mr Ed Vaizey MP, Minister for Culture, Communications and Creative Industries, to see the site of the proposed £15 million Commonwealth War Memorial planned for the Western Heights.

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

(a)                   To welcome the good news in respect of Aylesham.

(b)                   To welcome the news that the South Kent Coast Clinical Commissioning Group wanted to retain outpatient services at Deal Hospital.

(c)                   To express his concern over the transfer of funding from health to social care and the need to ensure that the district got the share of any resources it was entitled too.

(d)                   To express his support for continued Assisted Area Status and the need for more external funding to be obtained for the District.

(e)                   To ask if the Leader of the Council supported Dover Harbour Board's view on the third Thames Crossing.

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

In answer to the Leader of the Opposition's question, to state that the consensus of opinion was for Option C was the best option for Kent and Essex.  However, it was an incomplete exercise that hadn't considered the knock on affects of a third crossing on road  ...  view the full minutes text for item 135.

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 seat allocations and group appointments announced.

The Cabinet at its meeting on 8 July 2013 considered the report of the Leader of the Council (circulated separately – please bring your copy to the meeting) upon the State of the District. The Cabinet recommended the following to Council:

            "(a)      That the report and actions being taken through the Corporate Plan 2012/2016 be noted.

             (b)       That the Council moves to receiving the State of the District report in September 2014, and annually thereafter in the same month, in order to allow up-to-date Indices of Multiple Deprivation to be included in the report."

The Council considered the report of the Leader of the Council on the State of the District.

It was moved by Councillor P A Watkins and duly seconded

(a)          That the report and actions being taken through the Corporate Plan 2012/2016 be noted.

(b)          That the State of the District be received next in September 2014 and annually thereafter in the same month, in order to allow up-to-date Indices of Multiple Deprivation to be included in the report.

It was moved as an AMENDMENT by Councillor M R Eddy and duly seconded that an additional recommendation be added as follows:

Council requests that Cabinet includes as a standard item on all its agendas, a requirement that Portfolio Holders report on the progress in each portfolio towards addressing the issues raised in the State of the District report so that the report may be updated on a timely basis as new data emerges.

Councillor P A Watkins proposed that if the wording of the amendment was altered to read "that Cabinet considers including as a standard item" he would be willing to accept the amendment as part of his recommendation.

Councillor M R Eddy, with the consent of his seconder, agreed to accept Councillor P A Watkins proposed altered wording so that his amendment read

Council requests that Cabinet considers including as a standard item on all its agendas, a requirement that Portfolio Holders report on the progress in each portfolio towards addressing the issues raised in the State of the District report so that the report may be updated on a timely basis as new data emerges.

Councillor P A Watkins, with the consent of his seconder, agreed to include the amendment as part of his proposal and on being put to the vote it was

RESOLVED:    (a)        That the report and actions being taken through the Corporate Plan 2012/2016 be noted.

                         (b)        That the State of the District be received next in September 2014 and annually thereafter in the same month, in order to allow up-to-date Indices of Multiple Deprivation to be included in the report.

                         (c)        Council requests that Cabinet considers including as a standard item on all its agendas, a requirement that Portfolio Holders report on the progress in each portfolio towards addressing the issues raised in the State of the District report so that the report may be updated on a timely basis as new data emerges.

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 Corporate Resources and Performance:

            Does the Portfolio Holder for Corporate Resources and Performance agree that the Council's email and telephone systems need updating?

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

            Can the Portfolio Holder for Access and Property Management inform the Council of how many car parking penalty charges issued by this Council have been successfully challenged at the traffic Penalty tribunal in financial years 2010/11, 2011/12 and 2012/13; how many challenges have been upheld and how much is the average cost of each challenge to this Council?

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

            Could the Portfolio Holder for Access and Property Management explain, with specific references, DDC's discretion policies within the Council's Parking Enforcement Policy?

(4)        Councillor P J Hawkins will ask Portfolio Holder for Access and Property Management:

            Could the Portfolio Holder for Access and Property Management explain how the dilapidated state of the tennis court in Victoria Park, Deal will provide for the Wimbledon Champions of the future?

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

            Does the Portfolio Holder for Corporate Resources and Performance share my concerns that the financial cuts are restricting the ability of officers of the Council to provide information to Councillors, thereby running the risk of contravening the Access to Information Act?

(6)        Councillor P M Wallace will ask the Leader of the Council:

            Will the Leader of the Council inform the Council of the procedures he intends to follow so that all members will have an opportunity to contribute to this Council's response to the County Council's misguided proposals for the closure and service level reductions of Children's Centres and Sure Start centres in Dover and Deal?

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

            What steps does the Leader of the Council propose to take in order to implement the guidelines issued by the Secretary of State on 12 June on the webcasting, filming and other recording of Cabinet meetings?

(8)        Councillor B W Bano will ask Portfolio Holder for Skills, Training, Tourism and Culture:

            Following the failure of East Kent's bid to be shortlisted for the Capital of Culture, how will the Portfolio Holder for Skills, Training, Tourism and Culture take forward the cultural agenda in the District?  Does he plan to produce a cultural strategy?

(9)        Councillor P Walker will ask Portfolio Holder for Skills, Training, Tourism and Culture:

            Maintenance of the DDC  ...  view the full agenda text for item 138.

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 the Portfolio Holder for Corporate Resources and Performance, Councillor M D Conolly, if he agreed that the Council's email and telephone systems needed updating.

              In response the Council was informed that the telephone system exchange had been renewed recently and was working effectively.  However, the overall telephone system contained 7 main elements and the failure of one part of this, a faulty circuit board, had caused the recent disruption to service and steps had been taken to restore service. In the longer term EK Services were in discussions with relevant contractors to establish if there was a way of diagnosing problems more effectively and consideration would have to be given as to whether there was a business case for capital investment to replace some elements of the system.

(b)                   Councillor P Walker asked the Portfolio Holder for Access and Property Management, Councillor N J Collor, if he could inform the Council of how many car parking penalty charges issued by the Council had been successfully challenged at the Traffic Penalty Tribunal (TPT) in financial years 2010/11, 2011/12 and 2012/13; how many challenges have been upheld and how much the average cost of each challenge was to the Council.

              In response the Council was advised that less than 1% of Penalty Charge Notices issued had appeals successfully upheld by the TPT.  The average cost of an appeal was calculated at £180.

(c)                   Councillor P Walker asked the Portfolio Holder for Access and Property Management to explain, with specific references, DDC's discretion policies within the Council's Parking Enforcement Policy.

              In response the Council was advised that both the Parking Enforcement Policy and the Guidelines for the Consideration of Challenges Against Penalty Charge Notices were available on the Council's website, the later document containing guidance on the exercise of discretion.

(d)                   Councillor P J Hawkins asked the Portfolio Holder for Access and Property Management to explain how the current condition of the tennis court in Victoria Park, Deal would provide for the Wimbledon Champions of the future.

              In the response it was acknowledged that the condition of the outdoor tennis courts at Victoria Park were not of the standard the Council wished due to a combination of repeated acts of vandalism to various sporting facilities and tight fiscal constraints facing the Council.  The Council was in the process of drafting a Playing Pitch and Outdoor Sports Facility Strategy in order to provide clear direction and prioritise actions for both current and future sporting needs.

(e)                   Councillor A S Pollitt asked the Portfolio Holder for Corporate Resources and Performance if he shared his concerns that financial cuts were restricting the ability of officers of the Council to provide information to Councillors, thereby running the risk of contravening the Access to Information Act.

              In response Councillor M D Conolly stated that he had no knowledge that information being requested by  ...  view the full minutes text for item 138.

In accordance with Council Procedure Rule 13, Councillor M R Eddy will move:

            "This Council opposes the resumption of the export of live animals to continental Europe from the port of Dover, despite widespread opposition from the British public and resolves to lobby the Secretaries of State for Transport and for Environment, Food and Rural Affairs to amend the outdated Harbours, Docks and Piers Clauses Act 1847 in order to allow port authorities in the UK the right to refuse the use of its port to any ship involved in such activities.  The Council also resolves to lobby Dover Harbour Board to grant RSPCA inspectors access to the port and inspect any future shipments of live animals to the Continent."

Councillor M R Eddy gave notice under Rule 13 of the Council Procedure Rules of his intention to move the following motion:

              "This Council opposes the resumption of the export of live animals to continental Europe from the port of Dover, despite widespread opposition from the British public and resolves to lobby the Secretaries of State for Transport and for Environment, Food and Rural Affairs to amend the outdated Harbours, Docks and Piers Clauses Act 1847 in order to allow port authorities in the UK the right to refuse the use of its port to any ship involved in such activities.  The Council also resolves to lobby Dover Harbour Board to grant RSPCA inspectors access to the port and inspect any future shipments of live animals to the Continent."

Councillor P A Watkins moved that in accordance with Council Procedure Rule 14(d) the matter be referred to the Scrutiny (Community and Regeneration) Committee as the appropriate body for dealing with this matter.

On being put to the vote it was

RESOLVED:    That the motion be referred to the Scrutiny (Community and Regeneration) Committee.

(Councillor S S Chandler declared a Disclosable Pecuniary Interest in the motion and withdrew from the meeting for the consideration of the item on the grounds that her husband was a director of the farming company Chandler & Dunn Ltd and the farming enterprises included both sheep and beef.  The meat from both enterprises was sold from the farm and the animals were slaughtered locally.  However, the beef was produced from a prestigious pedigree Sussex herd and from time-to-time bulls were sold to farms in France and Belgium for breeding purposes.)

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

There was no urgent business.