Agenda and minutes

Council - Wednesday, 4th March, 2015 6.00 pm

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Items
No. Item

78.

Apologies

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Councillors B W Bano, J A Cronk, J H Goodwin, L A Keen, N S Kenton, K Mills and R S Walkden.

79.

Minutes pdf icon PDF 57 KB

To confirm the Minutes of the meeting held on 28 January 2015 (to follow).

Minutes:

The Minutes of the meeting held on 28 January 2015 were approved as a correct record and signed by the Chairman.

80.

Declarations of Interest pdf icon PDF 42 KB

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

Minutes:

The following declarations of interest were made by Members:

 

Councillor S S Chandler declared a Disposable Pecuniary Interest (DPI) in Minute No. 84 (Scrutiny Report on the Motion on Live Animal Exports) by reason of her husband being the director of a farming company that on occasion exported cattle for breeding purposes and withdrew from the meeting for the consideration of the item.

 

Councillor F J Scales declared a Disclosable Pecuniary Interest (DPI) in in Minute No. 84 (Scrutiny Report on the Motion on Live Animal Exports) and withdrew from the meeting for the consideration of the item.

81.

Announcements

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

Minutes:

There were no announcements.

82.

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)       That Councillor N S Kenton was at the 6th Annual Improvement and Efficiency Awards where Dover District Council was nominated for an award for Transformation in Waste and Environment.

 

(b)       That a decision had been made by the Secretary of State for Transport and the Secretary of State for Communities and Local Government to approve the Council’s Compulsory Purchase Order for the Dover Town Investment Zone (DTIZ).

 

There would be surveys undertaken in preparation for the demolition and construction required on the site. The first item of demolition would be the multi-storey car park.

 

The risk of falling glass from Burlington House meant that St James’ Street had been temporarily closed until it could be made safe. 

 

There would continue to be meetings with key local stakeholders over how regeneration could continue to deliver in Dover post-DTIZ.

 

(c)       The three work streams of the Kent Resilience Group in respect of the effects of Operation Stack – (i) Freight, (ii) Lorry Park, and (iii) Traffic Management Issues arising from the volume of traffic – and how to deal with the impact on the local economy and the physical impact on Aycliffe residents. In addition, the Council was waiting on the Highways Agency for the dates set aside for highway verge maintenance (such as litter picking) which required lane closures of the M20 and A20.

 

(d)       That the Land Trust had taken over the Fort Burgoyne site with the potential for heritage skills apprentices in the future.

 

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

 

(a)       To welcome the news on the Council’s recycling performance.

 

(b)       To welcome the progress on the Compulsory Purchase Order (CPO) progress for the Dover Town Investment Zone (DTIZ) and emphasise the importance of seeing the project to completion.

 

(c)       To join the Leader in expressing concern over the impact of Operation Stack and welcome the opportunity presented for the district by the appointment of a new Kent County Council Cabinet member for Environment and Transport, Councillor M Balfour.

 

 

(d)       To express support for local firms having access to the Port of Dover without having to travel to Maidstone to join the end of the queue for Operation Stack.

 

 

(e)       To suggest that the opportunity presented by Operation Stack to maintain the M20 / A20 verges as lanes were already closed be explored.

 

 

(f)        That with architectural conservation skills in great demand across the UK and Europe there was the potential for the district, which was first in Kent for heritage assets, to develop such a skill base locally.

 

 

In response the Leader of the Council stated:

 

(a)  That he welcomed the appointment of Councillor Balfour as the Kent County Council Cabinet Member for Environment and Transport.

 

(b)  That English Heritage was in a good position to develop heritage skills at Burgoyne Heights.

 

(c)  The importance of maintaining the  ...  view the full minutes text for item 82.

83.

Motion Without Notice To Change The Order Of Business

Minutes:

Councillor S R Nicholas moved a Motion without notice in accordance with Council Procedure Rule 14 to change the order of business to make the Scrutiny Report on the Motion on Live Animal Exports the next item of business.

 

It was duly seconded and on being put to the vote it was:

 

RESOLVED: That the order of business be changed to make the Scrutiny Report on the Motion on Live Animal Exports the next item of business.

 

84.

Scrutiny Report on the Motion on Live Animals Exports pdf icon PDF 146 KB

To consider the report of the Scrutiny (Community and Regeneration) Committee in respect of the following Motion referred to it by Council:

 

"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."

 

The final report of the Scrutiny (Community and Regeneration) Committee is to follow.

Additional documents:

Minutes:

Councillor G J Hood introduced the scrutiny report on the Council Motion on Live Animal Exports.

 

It was moved by Councillor G J Hood and duly seconded

(a)     That the health and welfare of animals, including when in transport, be considered paramount.

(b)     That the Council write to the Secretary of State for Transport and the Secretary of State for Environment, Food and Rural Areas to urge an amendment to the Harbour, Docks and Piers Clause Act 1847 for the purpose of giving ports discretion in respect of accepting the transport of live animals for the purpose of slaughter.

By way of example it is suggested that a change to the Act along the following lines (as shown in italics) would facilitate this:

3. Interpretations in this and the special Act.

The word: “goods” shall include wares and merchandize of every description except live animals, and all articles in respect of which rates or duties are payable under the special Act.

33. Harbour, dock, and pier free to the public on payment of rate.

Upon payment of the rates made payable by this and the special Act, and subject to the other provisions thereof, the harbour, dock, and pier shall be open to all persons for the shipping and unshipping of goods, and the embarking and landing of passengers, save that the undertakers have discretion to refuse use of the Harbour, Dock and Pier for the purpose of the export of live animals for slaughter.

(c)    That the Council urge the responsible European and British authorities to better enforce existing regulations relating to the transport of live animals.

(d)    That the Council express its support for inspectors from the Royal Society for the Prevention of Cruelty to Animals (RSPCA) being granted access to work alongside officers from the Animal and Plant Health Agency (formerly the Animal Health and Veterinary Laboratories Agency) at all ports involving the export of live animals.

 

It was moved as an AMENDMENT by Councillor P A Watkins and duly seconded:

 

(d)   That the Council express its support for inspectors from the Royal Society for the Prevention of Cruelty to Animals (RSPCA) being granted access, with agreement and under the supervision of the Animal and Plant Health Agency (formerly the Animal Health and Veterinary Laboratories Agency) at all ports involving the export of live animals.

 

Councillor G J Hood, with the consent of his seconder and the meeting, agreed to accept the amendment.

 

It was put to the vote and

 

RESOLVED:(a)     That the health and welfare of animals, including when in transport, be considered paramount.

 

                        (b)     That the Council write to the Secretary of State for Transport and the Secretary of State for Environment, Food and Rural Areas to urge an amendment to the Harbour, Docks and Piers Clause Act 1847 for the purpose of giving ports discretion in respect of accepting the transport of live animals for the purpose of slaughter.

 

                        By way of example it is suggested that a change to  ...  view the full minutes text for item 84.

85.

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 items of business.

86.

Questions from the Public

To receive answers in respect of questions from the public to Members of the Executive asked in accordance with Rule 11 of the Council Procedure Rules.

 

(A maximum of three minutes is allowed for the question to be read.  Up to 15 minutes is allowed for this part of the meeting.  Members of the public may ask one supplementary question in addition to their original question.  Afterwards any other Member at the Chairman's discretion, may speak for up to two minutes on a question or reply.)

 

There were no questions received on notice from Members of the Public.

Minutes:

There were no questions received.

87.

Long Service Award Presentation

In recognition of their long service as Members of Dover District Council the Chief Executive, Mr N Aziz, will present long service awards to the following:

 

Name

First Elected

Long Service

Councillor G J Hood

1976

39 Years of continuous service

Councillor S R Nicholas

1987

27 Years of service

Councillor C J Smith

1987

23 Years of service

 

Minutes:

The Chief Executive presented Long Service Awards to the following Members:

(a)  Councillor G J Hood for 39 years of continuous service from 1976 to 2015.

(b)  Councillor S R Nicholas for 27 years of service from 1987 to 2015.

(c)  Councillor C J Smith for 23 years of service from 1987 to 2015.

The Leader of the Council, Councillor P A Watkins, and the Opposition Leader, Councillor M R Eddy, spoke to the service and character of each of the recipients.

RESOLVED: That the award of Long Service Awards be noted.

 

88.

Revisions to the Members' Allowance Scheme pdf icon PDF 22 KB

To consider the report of the Director of Governance (to follow).

Additional documents:

Minutes:

The Team Leader – Democratic Support presented the report on Revisions to the Members Allowance Scheme.

 

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

 

RESOLVED: That the Members’ Allowance Scheme 2015/16 as set out in Appendix 1 of the report be made.

 

89.

Pay Policy Statement 2015/16 pdf icon PDF 30 KB

To consider the attached report of the Director of Governance.

Additional documents:

Minutes:

The Director of Governance presented the Pay Policy Statement 2015/16.

 

It was moved by Councillor S R Nicholas, duly seconded and

 

RESOLVED: That the Pay Policy Statement set out at Appendix 1 to this report be approved and published on the Council’s website.

90.

Budget pdf icon PDF 30 KB

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

 

This will be a recorded vote in accordance with The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014. The Regulations introduced a requirement for a recorded vote to be held whenever a budget decision, as defined by the provisions of The Local Authorities (Standing Orders) (England) 2001, is made by the Council.

 

Additional documents:

Minutes:

The Director of Finance, Housing and Community gave a presentation to the Council on the Budget and Medium Term Financial Plan.

 

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

 

RESOLVED:  (a)   That the General Fund Revenue Budget, the Capital and Special Projects Programmes, the Housing Revenue Account Budget, the Council Tax Resolution and the content of the MTFP be approved.

 

                        (b)   That the view of the Director of Finance, Housing & Community (Section 151 Officer) that the budget has been prepared in an appropriate and prudent manner and that, based upon the information available, the budgets are robust and the estimated General Fund and Housing Revenue Account balances and reserves are considered adequate for the Council’s current spending plans be noted.

 

                        (c) That the various Council recommendations at the end of the sections within the attached budget and MTFP, and summarised in Annex 14 to Appendix 1, are approved as follows:

 

                               (i)      Approve the General Fund Revenue Budget for 2015/16 and the projected outturn for 2014/15.

                               (ii)      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.

                               (iii)     Approve the 2014/15 Projected Outturn and the 2015/16 Housing Revenue Account budget at Annex 7 of the report.

                               (iv)    Delegate to Cabinet the approval of individual projects to be financed by the HIR.

                               (v)     Approve the Capital and Special Projects programmes.

                               (vi)    Approve that capital resources required to finance new projects are secured before new projects commence.

                               (vii)    Approve the Treasury Management Strategy, including the Prudential Indicators and Minimum Revenue Provision Statement.

                               (viii)   Approve the Council Tax Resolution as set out at Annex 10A of the report.

                               (ix)    That it be noted that, if the formal Council Tax Resolution at Annex 10A of the report is approved, the total Band D Council Tax will be as set out at Annex 14 of the report.

 

The manner of voting was as followed:

 

FOR

AGAINST

ABSTAIN

J S Back

P M Brivio

S R Nicholas

T J Bartlett

G Cowan

 

P M Beresford

M R Eddy

 

T A Bond

B Gardner

 

B W Butcher

P J Hawkins

 

P I Carter

G J Hood

 

S S Chandler

S J Jones

 

N J Collor

A S Pollitt

 

M D Conolly

A R Smith

 

R J Frost

J M Smith

 

D Hannent

R J Thompson

 

P G Heath

P Walker

 

P S Le Chevalier

P M Wallace

 

S M Le Chevalier

 

 

G Lymer

 

 

S C Manion

 

 

K E Morris

 

 

M J Ovenden

 

 

J A Rook

 

 

M A Russell

 

 

F J W Scales

 

 

C J Smith

 

 

P A Watkins

 

 

 

91.

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.