Agenda and minutes

Council
Wednesday, 18th October, 2017 6.00 pm

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    Contact: Rebecca Brough  Democratic Services Manager

    Items
    No. Item

    33.

    Apologies

    To receive any apologies for absence.

    Minutes:

    An apology for absence was received from Councillor P M Wallace.

     

    34.

    Minutes pdf icon PDF 97 KB

    To confirm the Minutes of the meeting held on 19 July 2017.

    Minutes:

    The Minutes of the meeting held on 19 July 2017 were approved as a correct record and signed by the Chairman.

    35.

    Declarations of Interest pdf icon PDF 37 KB

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

    Minutes:

    Councillor S F Bannister declared a Disclosable Pecuniary Interest (DPI) in Minute No. 47(2) by reason of his ownership of rented property.

     

    Councillor P I Carter declared a Disclosable Pecuniary Interest (DPI) in Minute No. 47(2) by reason of his ownership of rented property.

     

    Councillor S S Chandler declared a Disclosable Pecuniary Interest (DPI) in Minute No. 47(2) by reason of her husband’s ownership of rented property.

     

    Councillor A Friend declared a Disclosable Pecuniary Interest (DPI) in Minute No. 47(2) by reason of his ownership of privately rented property.

     

    Councillor D Hannent declared a Disclosable Pecuniary Interest (DPI) in Minute No. 47(2) by reason of his ownership of rented property.

     

    Councillor P G Heath declared a Disclosable Pecuniary Interest (DPI) in Minute No. 47(2) by reason of his ownership of rented property.

     

    Councillor P S Le Chevalier declared a Disclosable Pecuniary Interest (DPI) in Minute No. 47(2) by reason of his ownership of rented property.

     

    Councillor S M Le Chevalier declared a Disclosable Pecuniary Interest (DPI) in Minute No. 47(2) by reason of her ownership of rented property.

     

    Councillor S C Manion declared a Disclosable Pecuniary Interest (DPI) in Minute No. 47(2) by reason of his ownership of rented property.

    36.

    Announcements

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

    Minutes:

    The Chairman of the Council, Councillor S S Chandler, made the following announcements:

    (a)  To advise the Council of the resignation of Councillor P A Watkins on 30 September 2017. The Chairman spoke to his service on the Council, and in particular his commitment to regenerating the Dover District. Councillor Watkins had been a past Chairman of the Council and had been the Leader of the Council since 2003.

     

    The Deputy Leader of the Council, Councillor M D Conolly, paid tribute to Councillor Watkins’ passionate dedication to Dover and noted that his retirement from the Council came at the same time as the St James’ (DTIZ) Development was nearing completion and the ground was being broken for the new leisure centre.

     

    Councillor P G Heath spoke to their long friendship and that Councillor Watkins had worked hard for the district and left it in a strong position.

     

    The Leader of the Opposition, Councillor M R Eddy, also paid tribute to Councillor Watkins.

    37.

    Election of a Leader

    To elect a Leader of the Council to serve until the Annual Meeting of the Council following the ordinary election of all Councillors in 2019.

    Minutes:

    The Chairman of the Council called for nominations for the position of Leader of the Council, following the resignation of Councillor P A Watkins.

     

    It was moved by Councillor M D Conolly, and duly seconded by Councillor S C Manion, that Councillor K E Morris be elected as Leader of the Council.

     

    In the absence of any other nominations it was

     

    RESOLVED:  That Councillor K E Morris be elected the Leader of the Council until the day of the next Annual Meeting of the Council following the ordinary election of all councillors in 2019.

    38.

    Composition of Cabinet

    To note the number of Members to be appointed to the Cabinet.

     

    The Local Government Act 2000 sets a statutory number of members of the Cabinet which, including the Leader of the Council and Deputy Leader of the Council, is a minimum of three members and a maximum of ten members.

    Minutes:

    In accordance with Rule 1.1(vii) of the Council Procedure Rules, Councillor K E Morris gave notice of his intention to appoint an Executive comprising of the Leader of the Council and seven members, including the Deputy Leader.

     

    RESOLVED:   That the composition of the Cabinet be received and noted.

    39.

    Appointment of a Cabinet

    To receive from the Leader of the Council any changes to the members of the Cabinet and related portfolios.

    Minutes:

    In accordance with Rules 1.1(viii) and 1.1(ix) of the Council Procedure Rules, Councillor K E Morris gave notice of his intention to appoint the following portfolio structure and the following Members to the portfolios:

     

    RESOLVED:     (a)   That it be noted that the Leader of the Council had given formal notification to the Monitoring Officer of his intention to appoint the following portfolio structure:

     

    Leader of the Council

    Deputy Leader of the Council

    Portfolio for Access and Licensing

    Portfolio for Environment, Waste and Health

    Portfolio for Built Environment

    Portfolio for Corporate Resources and Performance

    Portfolio for Community Services

    Portfolio for Property Management and Environmental Health

     

    (b)   That it be noted that the Leader of the Council had appointed the following Members to the following Portfolios:

     

    Leader of the Council                                                K E Morris

    Deputy Leader                                                           M D Conolly

    Access and Licensing                                                N J Collor

    Environment, Waste and Health                               N S Kenton

    Built Environment                                                      J S Back

    Corporate Resources and Performance                   M D Conolly

    Community Services                                                 M J Holloway

    Property Management and Environmental Health   T J Bartlett

     

    40.

    Appointment of Shadow Cabinet

    To note the composition of the Shadow Cabinet by the Main Opposition Group.

     

    The Shadow Cabinet must directly reflect the composition of the Cabinet in accordance with the Council Procedure Rules.

    Minutes:

    It was moved by Councillor M R Eddy, duly seconded and

     

    RESOLVED:       That, in accordance with notice provided by the Leader of the Opposition Group, the Shadow Cabinet be composed of the following for the ensuing municipal year:

     

    Leader of the Opposition                                              M R Eddy

    Deputy Leader                                                             P M Brivio

    Access and Licensing                                                  S F Bannister

    Environment, Waste and Health                                  A M Napier

    Built Environment                                                         B Gardner

    Corporate Resources and Performance                     P M Wallace

    Community Services                                                   P Walker

    Property Management and Environmental Health      S J Jones

     

    41.

    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.

     

    In accordance with Council Procedure Rule 10 (Leader’s Time):

     

    (a)  The Leader (and Cabinet) shall have up to 15 minutes to make within this report any statements that they wish on any topic or subject that they feel should be drawn to the attention of the Council.

    (b)  The Leader (or their nominee) of the Major Opposition Group (Labour Group) shall be allowed up to 10 minutes to respond.

    (c)  The Leader (or their nominee) of the Other Opposition Group (UKIP Group) shall be allowed up to 5 minutes to respond. 

    (d)  The Leader of the Council shall be allowed up to 5 minutes to exercise 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 K E Morris, included the following matters in his report:

     

    (a)  To pay tribute to the former Leader of the Council, Councillor P A Watkins.

     

    (b)  That the Kent authorities were bidding to be a pilot area for 100% business rate retention. Alternatively, if the bid was unsuccessful the Council could form a pool with other Kent authorities to reduce the levy applied.

     

    (c)  To thank the team that had worked on the Dover Leisure Centre for the great progress that was being made.

     

    (d)  That homelessness was on the rise nationally and that the impact of this in Kent was being felt particularly in the coastal districts, including the Dover District. The majority of cases presented had local connections to the district and were not people coming to the district from outside. The Council was reviewing its procedures and exploring ways in which it could get people out of temporary accommodation and into permanent accommodation more quickly. This included purchasing accommodation and exploring the use of modular housing.

     

    The Leader of the Council advised that he would be creating a homelessness task face that he would chair and he expressed hope that there could be cross-party working on this issue.

     

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

     

    (a)  That he hoped that the business rate pilot scheme delivered for the Council.

     

    (b)  That homelessness was an increasing issue locally and there had been an increase in foodbank and soup kitchen use. The Council needed to provide for more social housing.

     

    (c)  That he supported the homelessness task force in principle and hoped that the labour group would have the opportunity to be involved.

     

    (d)  That he wanted to see the State of the District report come to Council soon.

     

     

    The Leader of the Other Opposition Labour Group, Councillor G Rapley, included the following matters in her report:

     

    (a)  To congratulate Councillor K E Morris on becoming Leader of the Council and to express hope for more co-operative working in the future.

     

    In response, the Leader of the Council raised the following matters in his right to reply: 

     

    (a)  That he was heartened by what he had heard and that he agreed that transparency was important.

     

    42.

    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:

    The Leader of the Conservative Group, Councillor K E Morris, gave notice of the following changes to group appointments:

     

    (a)  East Kent Services Committee

     

    Councillor K E Morris to fill the vacancy arising from the resignation of Councillor P A Watkins.

     

    Councillor T J Bartlett to replace Councillor K E Morris as a named substitute.

     

    (b)  Electoral Matters Committee

     

    Councillor K E Morris to fill the vacancy arising from the resignation of Councillor P A Watkins.

     

    Councillor K E Morris to be appointed as Chairman.

     

    (c)  Planning Committee

     

    Councillors P M Beresford and M J Ovenden to replace Councillors J S Back and T J Bartlett respectively.

     

    (d)  Scrutiny (Policy and Performance) Committee

     

    Councillor P M Beresford to replace Councillor M J Holloway.

     

    43.

    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)  Questions will be asked in the order in which notice of them was received, except that the Chairman may group together similar questions.

    (b)  The period for questions by the public shall be limited so that no further questions shall be put after the elapse of 15 minutes from the commencement of the first question.

    (c)  A maximum of three minutes is allowed for the each question to be read.

    (d)  A questioner who has put a question in person may also put one supplementary question without notice to the member who has replied to his or her original question. A supplementary question must arise directly out of the original question or the reply.

    (e)  Afterwards, any other Member at the Chairman's discretion may speak for up to two minutes on a question or reply.

     

    Questions from the Public

     

    There were no questions from the public received within the notice period.

    Minutes:

    There were no questions received within the notice period from members of the public.

    44.

    Questions from Members pdf icon PDF 54 KB

    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.

     

    (a)        To Chairmen/Vice-Chairmen of Committees

     

                To receive answers in respect of questions from Members of the Council to the Chairman or Vice-Chairman of the Council or the Chairman of any Committee or Sub-Committee asked in accordance with Rule 12 of the Council Procedure Rules.

     

                There were no questions received for Chairmen or Vice-Chairmen of Committees.

     

    (b)        To the Executive

     

                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.

     

                The questions are set out in the agenda papers.

    Minutes:

    In accordance with Rule 12(1) of the Council Procedure Rules, Members of the Cabinet responded to the following questions:

     

    (1)        Councillor D G Cronk asked the Portfolio Holder for Corporate Resources and Performance, Councillor M D Conolly:

     

               "In Deal and Sandwich hundreds of people have signed petitions to save the council help desks. In Sandwich the closure of the help desk will mean that residents, particularly pensioners who don’t drive, will have to make a twenty mile round trip on the bus to the Dover Gateway, when previously these services were on their doorstep. In Deal the residents will similarly be suffering by the cutting of this popular and necessary service. Why are these people directly bearing the burden of Tory cuts?”

     

               In response the Portfolio Holder for Corporate Resources and Performance stated that the bulk of face-to-face transactions at the Area Offices could be conducted by telephone, email, post or by appointment at the remaining face-to-face locations.

     

               In accordance with Council Procedure Rule 12.5, Councillor D G Cronk exercised his right to ask one supplementary question.

     

    (2)        Councillor A M Napier asked the Portfolio Holder for Corporate Resources and Performance, Councillor M D Conolly:

     

               “In light of the closure of the help desks in Aylesham, Sandwich and Deal, will you guarantee the future of the services we provide at the Dover Gateway office?”

     

               In response the Portfolio Holder for Corporate Resources and Performance stated that the Dover Gateway office was a joint service location for Kent County Council and Dover District Council and that there were no current plans to close services at the Gateway.

     

    (3)        In the absence of Councillor P M Wallace the question was not put to the meeting.

     

    (4)        Councillor S F Bannister asked the Portfolio Holder for Access and Licensing, Councillor N J Collor:

     

               “In light of the Port of Dover warning of the potential for 17-mile queues if an agreement on customs is not reached between the UK and EU by May 2019, what measures are this council taking in conjunction with other public bodies, to prepare for the positive and negative effects of Brexit on traffic in Dover and Deal?”

     

               In response the Portfolio Holder for Access and Licensing advised that he shared the concern over the potential impact of Brexit on traffic at the Port of Dover and had raised concerns with government officials through various communication channels to ensure that the matter was being considered as part of the ongoing negotiations with the European Union. The Council had also made presentations to those agencies that are directly responsible to encourage preparatory actions such as the provision of additional parking facilities for freight vehicles.

     

               In accordance with Council Procedure Rule 12.5, Councillor S F Bannister exercised his right to ask one supplementary question.

     

    (5)        Councillor M R Eddy asked the Leader of the Council, Councillor K E Morris:

     

               “Does the newly appointed Leader of the Council envisage ignoring the financial constraints imposed on the council by central government and awarding himself  ...  view the full minutes text for item 44.

    45.

    MODIFICATION OF PRESCRIBED STANDING ORDERS RELATING TO THE DISMISSAL OF STATUTORY OFFICERS pdf icon PDF 58 KB

    To consider the attached report of the Director of Governance.

    Additional documents:

    Minutes:

    The Director of Governance presented the report on the Modification of Prescribed Standing Orders Relating to the Dismissal of Statutory Officers.

     

    It was moved by Councillor P G Heath, duly seconded and

     

    RESOLVED:       That the modifications to the Part 1 of the Councils Prescribed Standing Orders, Standing Orders Relating to Staff, be modified as set out in Appendix 2 to the report and be incorporated into the Councils Constitution.

    46.

    PROCEDURE RULES FOR WITHDRAWING FROM MEETINGS pdf icon PDF 51 KB

    To consider the attached report of the Director of Governance.

    Additional documents:

    Minutes:

    The Director of Governance presented the report on the Procedure Rules for Withdrawing from Meetings.

     

    It was moved by Councillor P G Heath, duly seconded and

     

    RESOLVED:       That the ‘Withdrawal from Meetings Procedure Rules’ be adopted as an appendix to the Council Procedure Rules in Part 4 – Rules of Procedure in the Council’s Constitution.

    47.

    Motions

    Motions for which notice has been given are listed on the agenda in the order in which notice was received, unless the Member giving notice states, in writing, that they propose to move it at a later meeting or withdraw it.

     

    If a Motion set out in the agenda is not moved by the Member who gave notice thereof it shall, unless postponed by consent of the Council, be treated as withdrawn and shall not be moved without fresh notice.

     

    A Motion must be about matters for which the Council has powers or duties or which affects the District.

     

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

    "Over the past decade this council has invested heavily in promoting several key locations to investors; ranging from the Discovery Park in Sandwich to the St James Development Zone, which local business owners believe has been to the detriment of our Town Centres.

    This council believes we should also value and invest in our traditional Town Centres, as they are not only economic assets, they are also valuable hubs for the community.

    This council will add the Dover and Deal Town Centres to our list of key locations for investment, with an equivalent level of council resources allocated to them.”

     

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

    “A recent report in the Independent on Sunday revealed how housing benefit going to private renters has more than doubled in the last 10 years, from £3.7bn to £8.8bn, accounting for 36% of all housing benefit spending with the Treasury forecasting it will rise to £9.4bn by 2021/22.

    At the same time, almost a third of private rented homes in England are currently substandard, equating to some £2.5bn currently going into the pockets of landlords who are renting out properties not meeting basic health and safety standards.

    This council will write to the government to:

    1)  Demand they introduce a statutory system of licensing of all private landlords.

    2)  Demand they fund councils adequately so we can invest properly in prevention, enforcement and prosecution of rogue landlords who rent out homes unfit for human habitation.

    3)  Ask for serious incentives for councils to build more social housing, beyond the substandard pledges made by the Prime Minister in her unforgettable conference speech.”

    Minutes:

    (a)  In accordance with Council Procedure Rule 13, Councillor A M Napier had given notice of her intention to move the following Motion:

     

    "Over the past decade this council has invested heavily in promoting several key locations to investors; ranging from the Discovery Park in Sandwich to the St James Development Zone, which local business owners believe has been to the detriment of our Town Centres.

    This council believes we should also value and invest in our traditional Town Centres, as they are not only economic assets, they are also valuable hubs for the community.

    This council will add the Dover and Deal Town Centres to our list of key locations for investment, with an equivalent level of council resources allocated to them.”

     

    The Motion was moved by Councillor A M Napier and duly seconded by Councillor S J Jones.

     

    An AMENDMENT was moved by Councillor M D Conolly and duly seconded as follows:

     

    "Over the past decade this council has invested heavily in promoting several key locations to investors; ranging from the Discovery Park in Sandwich to the St James Development Zone, which local business owners believe has been to the detriment of our Town Centres.

    This council believes we should also value and invest in our traditional Town Centres, as they are not only economic assets, they are also valuable hubs for the community.”

     

    Councillor A M Napier, with the agreement of her seconder, accepted the Amendment so that it became the Substantive Motion.

     

    Councillor F J W Scales moved, and it was duly seconded, that the question now be put.

     

    On being put to the meeting it was CARRIED.

     

    The Substantive Motion upon being put to the meeting was CARRIED and it was

     

    RESOLVED:         Over the past decade this council has invested heavily in promoting several key locations to investors; ranging from the Discovery Park in Sandwich to the St James Development Zone, which local business owners believe has been to the detriment of our Town Centres.

                                This council believes we should also value and invest in our traditional Town Centres, as they are not only economic assets, they are also valuable hubs for the community.

     

    (b)  In accordance with Council Procedure Rule 13, Councillor M R Eddy had given notice of her intention to move the following Motion:

    “A recent report in the Independent on Sunday revealed how housing benefit going to private renters has more than doubled in the last 10 years, from £3.7bn to £8.8bn, accounting for 36% of all housing benefit spending with the Treasury forecasting it will rise to £9.4bn by 2021/22.

    At the same time, almost a third of private rented homes in England are currently substandard, equating to some £2.5bn currently going into the pockets of landlords who are renting out properties not meeting basic health and safety standards.

    This council will write to the government to:

    1)    Demand they introduce a statutory system of licensing of all private landlords.

    2)    Demand they fund councils adequately so we can invest  ...  view the full minutes text for item 47.

    48.

    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 for consideration.

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