Agenda and minutes

Council
Wednesday, 7th March, 2018 6.00 pm

Venue: Council Offices

Contact: Rebecca Brough  Democratic Services Manager

Items
No. Item

71.

Apologies

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Councillors N Dixon, J M Heron, L A Keen, A M Napier and A S Pollitt.

72.

Minutes pdf icon PDF 116 KB

To confirm the Minutes of the meeting held on 31 January 2018 (to follow).

Minutes:

The Minutes of the meeting held on 31 January 2018 were approved as a correct record and signed by the Chairman.

73.

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:

There were no declarations of interest made by Members.

74.

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 report that the Councillor M J Holloway, the Portfolio Holder for Community Services, and herself had attended the first Dover Youth Conference hosted at the Duke of York’s Royal Military School, Dover. The conference coincided with safeguarding week and had been organised by Dover District Council and the Dover District Community Safety Partnership. The conference had been attended by 800 Year 8 students.

 

(b)  To advise that Agenda Item 11 (Ward Patter Submission to the Local Government Boundary Commission for England) would be deferred to a future meeting.

75.

Richborough Connection Project

To receive a presentation from the National Grid in respect of the Richborough Connection Project.

 

Presenters:      Mr G Dolamore, Project Director

                        Mr S Self, Lead Project Manager

Minutes:

The Council received a presentation from Mr S Self and Mr S Acoyie on the progress of the Richborough Connection Project.

 

Members were advised that the Nemo Link between Richborough and Belgium would be connected by October 2018. The work on the Richborough 400KV substation had progressed well and there would be 60 pylons constructed (replacing the current 80 pylons) for the Richborough to Canterbury (Broad Oak substation) overhead line to connect Richborough to the national grid.

 

As part of the archaeological work there had been c.40 boreholes dug with a number of finds, such as roman pottery being made.

 

RESOLVED: That the presentation be noted.

76.

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 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)  That the new cinema at the St James development would be opening that week and the opening dates of other businesses would be announced soon. There would be free parking at St James that weekend as well.

(b)  That the Council had been awarded £15.8 million for a Bus Rapid Transit scheme. It was hoped that the scheme would open in 2021.

(c)  That Dover District Council along with Canterbury City Council and Shepway District Council had written to the Secretary of State to ask for more lorry parking facilities to be made available.

(d)  That the Local Government Boundary Commission for England was consulting widely in respect of the Electoral Review of the Council.

(e)  That early meetings had been held on developing a High Street incentive scheme.

(f)   That the Development Consent Order for Manston Airport would be submitted shortly. The Council supported the site remaining an airport.

(g)  To advise that the change of administration at Thanet District Council had seen the Conservative Group take charge with Councillor Bayford as the new Leader.  

(h)  To express the hope that the former UKIP members of Dover District Council would continue to do good work as independents.

(i)    That the latest round of Coastal Community Fund bids was open and that the Council was involved with bids for Sandwich and Dover.

(j)    That he had written to both government ministers in respect of the issue of the chimes at Sandwich and had received one reply.

(k)  That there had been a reduction in the number of homelessness presentations for the district. In contrast the numbers countywide were rising.

(l)    That the Age Concern Centre in Sandwich and the Citizens Advice Bureau in Deal would be offering advice to residents on council services.

 

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

 

(a)  To welcome the news of the new cinema opening in St James.

(b)  To express disappointment that the Regent in Deal was not open as a cinema.

(c)  To welcome the news of the funding for a Bus Rapid Transit scheme. He paid tribute to Councillor P Walker who had been a proponent of the scheme.

(d)  To agree that a solution to the problem of lorry parking was desperately needed and to suggest that there needed to be more lorry parks further up the transport network to alleviate the problems experienced in the district.

(e)  To welcome the Chairman’s announcement that the report on the Council’s submission to the Local Government Boundary Commission for England had been deferred.

(f)   To suggest that Thanet District Council would not be controlled by the Conservative group for long.

(g)  To express concern that ‘pop-up’ area offices such as the ones in Sandwich and Deal did not have all the facilities available, such as direct access to systems that a proper area office  ...  view the full minutes text for item 76.

77.

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.

78.

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.

 

Questions from the Public

 

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

Minutes:

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

79.

Review of Allocation of Seats to Political Groups pdf icon PDF 85 KB

To consider the joint report of the Chief Executive and the Director of Governance (to follow).

Additional documents:

Minutes:

The Democratic Services Manager presented the Review of Allocation of Seats to Political Groups.

 

Members were advised that following the dissolution of the UKIP group a review of the seat allocation on committees had been held.

 

RESOLVED:  (a)     That the Dover Joint Transportation Board and the 2 Overview and Scrutiny Committee be considered as Ordinary Committees for the purposes of calculating the allocation of seats for political groups.

 

                        (b)     That a Licensing Committee be appointed with 15 seats and, whilst noting the duty to ensure political proportionality does not apply to the Licensing Committee, its seats be allocated to reflect the overall proportionality of the Council.

 

                        (c)     That, having noted the allocation of seats calculated in accordance with the provisions of the Local Government and Housing Act 1989, the Council Committees be constituted as indicated below for the remainder of the municipal year and the Boards and Forums be constituted with the membership, Chairman, Vice-Chairman and Spokespersons as shown:

 

Dover Joint Transportation Board

East Kent Services Committee

J S Back

K E Morris

 

D G Cronk

 

M D Conolly

 

A Friend

 

N J Collor

(Substitute)

P D Jull

 

T J Bartlett

(Substitute)

M J Ovenden

 

 

 

D A Sargent

 

 

 

P Walker

 

 

 

7 Kent County Council Division Members for the Dover District

3 Town Council Representatives (non-voting)

 

2 Kent Association of Local Councils Representatives (non-voting)

 

Electoral Matters Committee

General Purposes Committee

K E Morris

Chairman

S M Le Chevalier

Chairman

S S Chandler

Vice-Chairman

M D Conolly

Vice-Chairman

P M Brivio

 

P M Brivio

 

M R Eddy

 

M R Eddy

 

F J W Scales

 

D P Murphy

 

 

Governance Committee

Joint Health, Safety and Welfare Consultative Forum

P G Heath

Chairman

M D Conolly

 

D Hannent

Vice-Chairman

M I Cosin

 

B W Butcher

 

P G Heath

 

P I Carter

 

S M Le Chevalier

 

M I Cosin

 

K Mills

 

M R Eddy

 

5 Staff Representatives

S J Jones

 

 

 

 

Joint Staff Consultative Forum

Licensing Committee

M D Conolly

 

B W Butcher

 

M I Cosin

 

S F Bannister

 

P G Heath

 

P M Brivio

 

S M Le Chevalier

 

D G Cronk

 

K Mills

 

M R Eddy

 

5 Staff Representatives

A Friend

B Gardner

 

 

 

D Hannent

 

 

 

P D Jull

 

 

 

P S Le Chevalier

 

 

 

S M Le Chevalier

 

 

A M Napier

 

 

 

M J Ovenden

 

 

 

D P Murphy

 

 

 

M Rose

 

 

Planning Committee

Regulatory Committee

F J W Scales

Chairman

B W Butcher

Chairman

B W Butcher

Vice-Chairman

P S Le Chevalier

Vice-Chairman

P M Beresford

D P Murphy

 

S F Bannister

 

B Gardner

 

T A Bond

 

S J Jones

 

D G Cronk

 

 

 

B Gardner

Spokesperson

 

 

D P Murphy

 

 

 

M J Ovenden

 

 

 

P M Wallace

 

 

 

 

Scrutiny (Community & Regeneration) Committee

Scrutiny (Policy & Performance) Committee

L A Keen

Chairman

K Mills

Chairman

G Cowan

Vice-Chairman

M I Cosin

Vice-Chairman

T A Bond

Spokesperson

P M Beresford

 

P I Carter

 

T A Bond

N Dixon

 

R J Frost

Deputy

R J Frost

 

 

Spokesperson

P J Hawkins

 

J M Heron

 

P D Jull

S C Manion

Spokesperson

M J Ovenden

Deputy

M J Ovenden  ...  view the full minutes text for item 79.

80.

Council Budget 2018/19 and Medium Term Financial Plan 2018/19 - 2021/22 pdf icon PDF 72 KB

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

Additional documents:

Minutes:

The Portfolio Holder for Corporate Resources and Performance, Councillor M D Conolly, presented the proposed Council Budget 2018/19 and the Medium Term Financial Plan 2018/19 - 2021/22.

 

It was moved by Councillor M D Conolly, and duly seconded, that the recommendations set out in the report incorporating the recommendations of the Cabinet at its meeting held on 5 March 2018 be approved.

 

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 Medium Term Financial Plan 2018/19 - 2021/22 be approved.

 

                            (b)     To note that it was the view of the Director of Finance, Housing and Community (Section 151 Officer) that the budget had been prepared in an appropriate and prudent manner and that based upon the information available at the time of producing the report the 2018/19 estimates were robust and the resources were adequate for the Council’s current spending plans in 2018/19.

 

                            (c)     That the various Council recommendations at the end of the sections within the attached budget and MTFP, and summarised in Annex 12 to Appendix 1, are approved as follows:

 

(i)            That the General Fund Revenue Budget for 2018/19 and the projected outturn for 2017/18 be approved.

(ii)           That the policies and protocols regarding the General Fund balances and earmarked reserves, and transfers between reserves as set out in Annex 6 be approved.

(iii)          That the 2017/18 Projected Outturn and the 2018/19 HRA budget at Annex 7 be approved.

(iv)         That the setting of the level of the on-going HRA minimum balance, the transfer of balances to the HIR, the use of prudential borrowing, and adjustment of the resources of the HIR accordingly be delegated to the Director of Finance, Housing and Community, in consultation with the portfolio holder for Corporate Resources and Performance.

(v)          That the Capital and Special Revenue Projects Programmes be approved.

(vi)         That the capital resources required to finance new projects be secured before new projects commence.

(vii)        That the Treasury Management Strategy, including the Prudential Indicators and Minimum Revenue Provision statement be approved.

(viii)       That the Council Tax Resolution as set out at Annex 10A be approved.

(ix)         That it be noted that if the formal Council Tax Resolution at Annex 10A is approved, the total Band D Council Tax will be as set out at Annex 12 of the report.

 

The Democratic Services Manager advised that the vote would have to be a recorded vote in accordance with Council Procedure Rule 18.6. The manner of the voting was as followed:

 

FOR (23)

AGAINST (15)

ABSTAIN (0)

J S Back

S F Bannister

 

T J Bartlett

P M Brivio

 

P M Beresford

M I Cosin

 

T A Bond

G Cowan

 

B W Butcher

D G Cronk

 

S S Chandler

M R Eddy

 

N J Collor

B Gardner

 

M D Conolly

B J Glayzer

 

A Friend

P J Hawkins

 

R J Frost

S J Jones

 

D Hannent

K Mills

 

P G Heath

G Rapley  ...  view the full minutes text for item 80.

81.

WARD PATTERN SUBMISSION TO THE LOCAL GOVERNMENT BOUNDARY COMMISSION FOR ENGLAND pdf icon PDF 104 KB

To consider the attached report of the Chief Executive.

Additional documents:

Minutes:

This item was deferred.

82.

Pay Policy Statement pdf icon PDF 63 KB

To consider the attached report of the Director of Governance.

Additional documents:

Minutes:

The Director of Governance presented the Pay Policy Statement.

 

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

 

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

83.

THE GENERAL DATA PROTECTION REGULATION (GDPR) - DESIGNATION OF A DATA PROTECTION OFFICER (DPO) pdf icon PDF 93 KB

To consider the attached report of the Director of Governance (Monitoring Officer).

Minutes:

The Director of Governance presented the report on the General Data Protection Regulation (GDPR) – Designation of a Data Protection Officer (DPO).

 

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

 

RESOLVED:  (a)     That Harvey Rudd, the Solicitor to the Council be designated as the Council’s data protection officer in accordance with Article 37 of the General Data Protection Regulation with effect form 25 May 2018.

 

                        (b)     That the Director of Governance (Monitoring Officer) be requested to make any necessary changes to the constitution consequent on (a) as part of his function of keeping the Constitution under review.

84.

Flexible Retirement of a Chief Officer pdf icon PDF 75 KB

To consider the attached report of the Head of Paid Service (Chief Executive).

Additional documents:

Minutes:

The Chief Executive presented the report on a request from the Director of Governance for flexible retirement.

 

It was moved by Councillor K E Morris, duly seconded and

 

RESOLVED:  (a)     That the reduction of the Corporate Management Team from 4 FTE to 3.68 FTE be approved.

 

                        (b)     That the flexible retirement request of the Director of Governance with effect from 1 April 2018, pursuant to the Local Government Pension Scheme Regulations 2013, Reg. 30(6) and in accordance with the Council’s Pension Discretion Policy Statement be approved.

 

(The Director of Governance withdrew from the meeting for the consideration of this item of business.)

85.

Questions from Members pdf icon PDF 51 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.

In accordance with Council Procedure Rule 12.5, Members may ask one supplementary question in addition to their original question providing that the supplemental question arises directly out of the original question or the reply.

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 P M Beresford asked the Portfolio Holder for Access and Licensing, Councillor N J Collor:

 

          “Following the results of the recent parking studies carried out in our three towns what aspirations does the Portfolio Holder have for parking in the future and where does our charging structure sit against those of our nearest neighbours?”

 

In response the Councillor N J Collor advised that he recognised the importance of effective management of parking spaces in maintaining and increasing the viability of the districts town centres and that he was confident that the Council’s parking strategies and charging structure succeeded in achieving this. The Council’s parking charges were the lowest and its charging period of 9am to 5pm the shortest in East Kent.  

 

In accordance with Council Procedure Rule 12.5, Councillor P M Beresford exercised her right to ask one supplementary question.                            

 

(2)     Councillor P M Brivio asked the Portfolio Holder for Built Environment, Councillor J S Back:

 

          “Will the portfolio holder for Built Environment tell me what are the effects of the implication of Universal Credit on the rent arrears for EKH residents in the Dover District area?”

 

          In response Councillor J S Back advised that while rent arrears had generally been stable over recent years it was not clear what the ultimate collection rate would be following the introduction of Universal Credit.

 

          In accordance with Council Procedure Rule 12.5, Councillor P M Brivio exercised her right to ask one supplementary question.

 

(3)     Councillor M R Eddy asked the Portfolio Holder for Built Environment, Councillor J S Back:

 

          “Does the portfolio holder for Built Environment agree with John Penrose MP, the co-chairman of the all-party parliamentary group on housing and planning, that council tax should be charged on unused sites once planning permission is granted, in order to incentivise developers?”

 

In response Councillor J S Back advised that he saw the need for measures to encourage permitted housing developments to be built out but that he was concerned that charging council tax on unused sites as soon as permission was granted might have the unintended consequence of discouraging developers from applying for permission in the first place.

 

In accordance with Council Procedure Rule 12.5, Councillor M R Eddy exercised his right to ask one supplementary question.                            

 

(4)     Councillor P J Hawkins asked the Portfolio Holder for Corporate Resources and Performance, Councillor M D Conolly:

 

          “Considering the continuing protests from residents worried about the closure of the Help Desk in Deal library, would the portfolio holder for Corporate Resources and Performance consider meeting with representatives of the “Save Deal Help Desk” campaign group to listen to their concerns before a mistake is made?”

 

In response Councillor M D Conolly advised that he had attended the scrutiny committee meeting held in Deal on this issue and had listened to the concerns raised by residents on the matter. The closure of the area  ...  view the full minutes text for item 85.

86.

Motions pdf icon PDF 36 KB

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.

 

The Motions are set out in the agenda papers.

Minutes:

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

 

“In view of the strong opposition by the public to the proposed introduction of car parking charges on Sundays in Sandwich, Dover and Deal, this council calls on the cabinet to put on hold the introduction of new car parking charges until there is adequate data available to make an evidence based decision.”

 

The Motion was moved by Councillor M R Eddy and duly seconded by Councillor P M Wallace.

 

On being put to the meeting it was CARRIED.

 

RESOLVED:    In view of the strong opposition by the public to the proposed introduction of car parking charges on Sundays in Sandwich, Dover and Deal, this council calls on the cabinet to put on hold the introduction of new car parking charges until there is adequate data available to make an evidence based decision.

 

87.

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.