Agenda and minutes

Council
Wednesday, 25th July, 2018 6.00 pm

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    Contact: Rebecca Brough  Democratic Services Manager

    Items
    No. Item

    17.

    Apologies

    To receive any apologies for absence.

    Minutes:

    Apologies for absence were received from Councillors M I Cosin, N Dixon, R J Frost, S J Jones, L A Keen, M Rose and P M Wallace.

    18.

    Minutes pdf icon PDF 63 KB

    To confirm the Minutes of the meeting held on 23 May 2018 (to follow).

    Minutes:

    The Minutes of the meeting held on 23 May 2018 were approved as a correct record and signed by the Chairman.

    19.

    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 P I Carter declared an Other Significant Interest (OSI) in Minute No. 28 (Motion 2) by reason of his being a governor at a school in Sandwich and would withdraw from the meeting for the consideration of that item of business..

     

    Councillor G Cowan declared an Other Significant Interest (OSI) in Minute No. 28 (Motion 2) by reason of his being a trustee of a multi-academy trust and would withdraw from the meeting for the consideration of that item of business.

     

    Councillor D P Murphy declared an Other Significant Interest (OSI) in Minute No. 28 (Motion 2) by reason of his being the Vice-Chairman of Governors at one of the primary schools concerned and would withdraw from the meeting for the consideration of that item of business.

    20.

    Announcements

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

    Minutes:

    There were no announcements.

    21.

    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 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 he had convened a meeting of the BREXIT Task Force to provide a local voice, seek out opportunities and lobby for investment. The Task Force had called upon the Government for investment of £1 billion. The key concerns of the Task Force were to ensure:

     

    ·         Improved resilience in the road network (such as dualling A2)

    ·         Investment in new technology to ensure frictionless borders

    ·         Maximising jobs in tourism and freight

    ·         Ensuring compatible standards on food and animal health standards

    ·         Working together to ensure that Dover was ready on Day 1

    ·         Maintaining strong cross-channel links

    ·         Working with local businesses on BREXIT impact

    ·         That traffic must be kept moving in Dover

     

    The Task Force had met in September with French counterparts and it was intended that each would put joint pressure on their respective governments.

     

    The Leader advised that he would update Members further through Council and the Members’ Weekly News.

     

    (b)  That the Council had entered into an agreement with Dover Big Local for them to use the Co-Op to help fledgling businesses in the hope that they would then transition into the High Street. The tenants would have a year to develop their businesses while the Council determined the final use for the Co-Op site.

     

    (c)  That the St James development was 95% occupied or under offer with Kaspers, Burger King and the Entertainer the latest additions. Passengers from the cruise terminal had also been brought to St James.

     

    (d)  That he met with 2 out of the 3 town mayors and would be meeting shortly with the Mayor of Dover.

     

    (e)  That the William Muge and Snelgrove redevelopment would see 65 new units constructed. A community engagement event would also be held.

     

    (f)   That the number of people in bed and breakfast accommodation fell for the 7th consecutive month.

     

    (g)  That the Council was developing proposals for a range of modular housing options to be available from the end of 2019.

     

    (h)  On the progress of Operation Urban in tackling street drinking in Pencester Gardens which had seen a substantial decrease in anti-social behaviour in the area.

     

    (i)    That the Council would be hiring a Strategic Tourism Manager.

     

    (j)    That the Council had worked to achieve the removal of hoardings on Town Street and scaffolding by the crypt.

     

    (k)  The new vision for the Sandwich Guildhall site.

     

    (l)    That works in respect of Deal Pier and the selection of a new tenant for the restaurant were progressing.

     

    (m) That ‘big belly bins’ were being tested in Deal and Walmer and if they were successful they would be rolled out to other areas according to need.

     

    (n)  That Dover District Council, the Astor Theatre and Deal Town Council were working together to make provision for a part-time cinema in Deal. The Council had served a s.215 notice on the Regent Cinema due to its poor external condition.

     

    (o)  The Council was  ...  view the full minutes text for item 21.

    22.

    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 changes to seat allocations or group appointments.

    23.

    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

     

    (1)  Mr Bryan Henderson will ask the Leader of the Council, Councillor K E Morris:

     

    “Following the introduction of GDPR, can the Leader of the Council, tell me, what measures are in place to prevent confidential emails from the Council, being accidentally shared with others?”

    Minutes:

    In accordance with Rule 11 of the Council Procedure Rules, Mr Bryan Henderson gave notice of his intention to ask the following question of the Leader of the Council, Councillor K E Morris:

     

              “Following the introduction of GDPR, can the Leader of the Council, tell me, what measures are in place to prevent confidential emails from the Council, being accidentally shared with others?”

     

    In response Councillor K E Morris stated that changes to data protection law had given individuals more control over how their personal data was processed. However, it has not altered the basic principle that peoples personal data must not be inappropriately shared. The Council took its responsibilities as a data controller seriously and had measures in place to enable it to discharge its legal obligations.

     

    The Council has put in place technological and organisational measures to meet the stricter requirements of GDPR. A data protection officer had been appointed as required by law and revised, privacy notices, policies and procedures had been put in place. To this end, training had been provided to staff and councillors. The Council would continue to review its policies and practices to ensure compliance and follow best practice.

     

    The Chairman rejected Mr Henderson’s supplementary question in accordance with Council Procedure Rule 11 on the grounds that it related to a personal issue or an individual case.

     

    24.

    DRAFT RECOMMENDATIONS ON THE NEW ELECTORAL ARRANGEMENTS FOR DOVER DISTRICT COUNCIL pdf icon PDF 62 KB

    To consider the attached report of the Chief Executive.

    Additional documents:

    Minutes:

    The Director of Governance presented the report on the draft recommendations to the Local Government Boundary Commission for England (LGBCE) for the new electoral arrangements for Dover District Council.

     

    It was moved by Councillor K E Morris and duly seconded that Option 2 of the report be agreed subject to a change to Appendix 1 as followed:

     

    (a)  To reflect the changes recommended by the Electoral Matters Committee as set out in Appendix 2; and

     

    (b)  To replace the word ‘supports’ in the suggested responses set out in Appendix 1 with ‘notes’.

     

    Members discussed the proposed responses and in particular the issue of the River and Capel-le-Ferne Ward proposed by the LGBCE.

     

    RESOLVED:       (a)     That the Chief Executive be authorized to make a response to the Local Government Boundary Commission for England on behalf of the Council in respect of the consultation on the new electoral arrangements for Dover District Council.

     

    (b)       That the response be based on the draft response set out in Appendix 1, subject to including the changes recommended by the Electoral Matters Committee as set out in Appendix 2 and replacing the word ‘supports’ with ‘notes’ in the suggested responses.  

    25.

    REVIEW OF THE CONSTITUTION 2018 – FINANCIAL PROCEDURE RULES AND BUDGET AND POLICY FRAMEWORK PROCEDURE RULES pdf icon PDF 59 KB

    To consider the attached report of the Director of Governance.

    Additional documents:

    Minutes:

    The Director of Governance presented the report on the Review of the Constitution 2018 – Financial Procedure Rules and Budget and Policy Framework Procedure Rules.

     

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

     

    RESOLVED:       (a)     That the proposed changes as part of the 2018/2019 Review of the Constitution relating to Part 4 – Financial Procedure Rules and Budget and Policy Framework Procedure Rules as detailed at section 2 of this report be approved and incorporated into the Council’s Constitution, issue no. 21.

     

                                (b)     That the Director of Governance and Monitoring Officer be authorised to make any associated incidental changes to the Constitution.

     

    26.

    REVIEW OF THE CONSTITUTION 2018 - GENERAL AND ADMINISTRATIVE AMENDMENTS pdf icon PDF 109 KB

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

     

    Please note that due to its size, Appendix 1 has been published as a supplementary document.

    Additional documents:

    Minutes:

    The Director of Governance presented the report on the Review of the Constitution 2018 – General and Administrative Amendments.

     

    It was moved by Councillor P G Heath and duly seconded

     

    (a)  That the proposed changes in the Review of the Constitution 2018, specifically relating to Part 3, Responsibility for Functions, Section 1 (Responsibility for Local Choice Functions), Section 2 (Responsibility for Council Functions) and Section 6, Sub Section C (Scheme of Officer Delegations) that relate to Council functions be approved and incorporated into the Council’s Constitution, issue no. 21.

     

    (b)  That the proposed changes in the Review of the Constitution 2018, specifically relating to Part 3, Section 6, Sub Section C (Scheme of Officer Delegations) that relate to executive functions be approved.

     

    (Note: The Leader of the Council will be asked separately to approve any changes relating to executive functions but the Council is asked to approve the Scheme of Officer Delegations in its totality in the event that there has been an erroneous misclassification of functions.)

     

    (c)  That the additional changes set out in Appendix 1 of the report be approved and incorporated into the Council’s Constitution, issue no. 21.

     

    An AMENDMENT was moved by Councillor K E Morris, and duly seconded, that paragraphs 2.21 – 2.24 of the report (Questions and Answers at full Council) be deleted from the proposed changes to the Constitution.

     

    Councillor K E Morris offered to meet with Councillor M R Eddy to discuss an alternative set wording that would be more acceptable.

     

    On being put to the meeting the Amendment was CARRIED.

     

    On being put to the meeting the Substantive Motion was CARRIED and it was

     

    RESOLVED:       (a) That the proposed changes in the Review of the Constitution 2018, specifically relating to Part 3, Responsibility for Functions, Section 1 (Responsibility for Local Choice Functions), Section 2 (Responsibility for Council Functions) and Section 6, Sub Section C (Scheme of Officer Delegations) that relate to Council functions be approved and incorporated into the Council’s Constitution, issue no. 21.

     

                                 (b) That the proposed changes in the Review of the Constitution 2018, specifically relating to Part 3, Section 6, Sub Section C (Scheme of Officer Delegations) that relate to executive functions be approved.

     

                                        (Note: The Leader of the Council will be asked separately to approve any changes relating to executive functions but the Council is asked to approve the Scheme of Officer Delegations in its totality in the event that there has been an erroneous misclassification of functions.)

     

    (c)    That the additional changes set out in Appendix 1 of the report be approved and incorporated into the Council’s Constitution, issue no. 21, subject to the deletion of the proposals set out in paragraphs 2.21 – 2.24 of the report (Questions and Answers at full Council).

    27.

    Questions from Members pdf icon PDF 59 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

     

                There were no questions received.

     

    (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 received 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 B W Butcher asked the Portfolio Holder for Access and Licensing, Councillor N J Collor:

     

              “Will the Portfolio Holder for Access and Licensing advise what is being planned to avoid the dreadful traffic chaos that was evident especially around the level crossing during the open golf championships in 2011?”

     

              In response Councillor N J Collor stated that the promoters of the Open, the R&A, along with the Highway and Transport Authorities, DDC, and Sandwich Town Council had recognised that transport conflicts around the level crossing had be dealt with in the context of the wider plan for the event. The agreed solution at the Station was to provide extended platforms and a new footbridge that would enable 12 car High Speed Trains to use the Station without overhanging the level crossing and disrupting the road access.”

     

              In accordance with Council Procedure Rule 12.5, Councillor B W Butcher exercised his right to ask one supplementary question.  

     

    (2)       In the absence of Councillor N Dixon the question was not put to the meeting. 

     

    (3)       Councillor M J Ovenden asked the Portfolio Holder for Community Services, Councillor M J Holloway:

     

              “Street drinkers continue to blight Dover’s town centre in particular around Pencester Gardens and Market Square where numbers have increased. Their presence and behaviour threatens and deters shoppers and visitors, undermines businesses and Dover’s image. Can the portfolio holder for Community Services explain to Members what the District Council is doing to deal with this serious problem both in the immediate and longer term.”

     

              In response Councillor M J Holloway stated that the level of street drinking and its impact was unacceptable and the Council was taking measures to address it. Kent Police, with support from the Council, had successfully launched Operation Urban to tackle the issue of street drinking and anti-social behavior and the Council had written to licenced premises and businesses in the area to provide them with advice on how they could assist in respect of this matter. The Council was also looking at expanding its enforcement activity in the future and strengthening the Public Spaces Protection Order (PSPO). 

     

    (4)       Councillor D Hannent asked the Portfolio Holder for Environment, Waste and Health, Councillor N S Kenton:

     

              “Given the recent publicity concerning the pollution of the marine environment by plastic waste and wider concerns about the environment, can the Cabinet member for the Environment provide some reassurance what this Council is doing to protect the environment?”

     

              In response Councillor N S Kenton stated that the Council would be seeking to develop a green commitment to protect and develop a safe, clean and sustainable environment for current and future generations.

     

              He was intent on achieving a high standard of environmental protection in all service areas, through effective, proactive management and a co-operative effort at all levels, including working in partnership with others. This would be delivered through the development of  ...  view the full minutes text for item 27.

    28.

    Motions pdf icon PDF 38 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 received on notice are set out in the agenda papers.

    Minutes:

    Motion 1

    In accordance with Council Procedure Rule 13, Councillor M D Conolly moved the Motion of which he had given notice as follows:

    “Recognising the initiatives the council are already taking to protect our high streets this council asks the Leader to write to the relevant Minister to request a review of the business rates system to further support our retailers.”

    The Motion was duly seconded by Councillor M J Holloway.

    Councillor M R Eddy moved an AMENDMENT, duly seconded by Councillor S F Bannister as followed:

    “In view of the need to protect our high streets this council asks the Leader to write to the relevant Minister to request a review of the business rates system to further support our retailers.

    If this business rate review results in a loss of income to this council, we strongly request that Government increases grants to compensate so that there is no further reduction in levels and qualities of service.”

    Councillor M D Conolly, with the consent of his seconder, agreed to accept the addendum to the original Motion as long as the first part was withdrawn.

    Councillor M R Eddy, with the consent of his seconder, agreed to the offer from Councillor M D Conolly.

    On being put to the meeting the SUBSTANTIVE Motion was CARRIED and it was

    RESOLVED:     Recognising the initiatives the council are already taking to protect our high streets this council asks the Leader to write to the relevant Minister to request a review of the business rates system to further support our retailers.

                              If this business rate review results in a loss of income to this council, we strongly request that Government increases grants to compensate so that there is no further reduction in levels and qualities of service.

     

    Motion 2

    In accordance with Council Procedure Rule 13, Councillor M R Eddy moved the Motion of which he had given notice as follows:

    “This council condemns the lack of proper consultation over the academisation of primary schools in the district and demands that the Secretary of State for Education halts the process until a full and proper consultation has been carried out and the results analysed.”

    The Motion was duly seconded by Councillor B Gardner.

    Councillor T A Bond moved an AMENDMENT, duly seconded by Councillor A Friend as followed:

    “This Council is concerned over the academisation of primary schools in the district and asks that the Secretary of the State for Education halts the process until a full and meaningful consultation has been carried out and the results analysed.”

    Councillor M R Eddy, with the consent of his seconder, agreed to accept the Amendment.

     

    On being put to the meeting the SUBSTANTIVE Motion was CARRIED and it was

    RESOLVED: This Council is concerned over the academisation of primary schools in the district and asks that the Secretary of the State for Education halts the process until a full and meaningful consultation has been carried out and the results analysed.

     

    (Councillor P I Carter declared  ...  view the full minutes text for item 28.

    29.

    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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