Agenda and minutes

Council
Wednesday, 31st October, 2018 6.00 pm

Venue: Council Chamber. View directions

Contact: Rebecca Brough  Democratic Services Manager

Items
No. Item

30.

Apologies

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Councillors D A Sargent and P Walker.

31.

Minutes pdf icon PDF 113 KB

To confirm the Minutes of the meeting held on 25 July 2018 (to follow).

Minutes:

The Minutes of the meeting held on 25 July 2018 were approved as a correct record and signed by the Chairman.

32.

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.

33.

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)  That a slide show had been set up in the HMS Brave Room highlighting the work of the Inspire Fund. Since its launch in February 2016, the Inspire Fund had received 899 referrals and worked with 43 delivery partners.

 

(b)  The Chairman had presented Discovery Awards to eleven young people as part of the John Muir Awards scheme.

 

(c)  The White Cliffs Branch of the Royal British Legion had presented the Council with a plaque. The Council supported all the Royal British Legion branches in the district where it could and it was pleasing that this had been recognised with the approach of Remembrance Day.

 

(d)  To announce the death of Councillor C J Meredith, who had been a Liberal Democrat member for the Whitfield Ward between 2003–2011. The Chairman praised his commitment to his community and offered condolences to his friends and colleagues.

 

The Chairman invited other members of the Council to share their memories of Councillor Meredith.   

 

The Council stood in silence for one minute as a mark of respect.

34.

Dover District Leisure Centre Presentation

To receive a presentation in respect of the Dover District Leisure Centre.

Minutes:

The Council received a presentation from Hadron Consulting, GT3 Architects and Places Leisure in respect of the new Dover District Leisure Centre.

 

Following the presentation, members discussed the following points:

 

·         The social enterprise nature of Places Leisure, with all profits reinvested into the business.

·         To welcome the accessibility improvements in the new leisure centre.

·         To enquire about the progress of the travel plan for the new leisure centre and what public transport arrangements would be in place when it opened. It was stated that the travel plan would be published before the new leisure centre opened.

·         The importance of ensuring the accessibility to the new leisure centre for rural communities.

·         The environmental standards of the building including its target of achieving a BREAAM rating of very good.

·         The importance of ensuring that the pricing for the new leisure centre was suitable for the local market so as to not discourage use.

 

The Portfolio Holder for Property Management and Environmental Health, Councillor T J Bartlett, emphasised the unique nature of the facility in the Kent and thanked everyone involved in the project.

35.

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 Leader, whichever is the greatest).

Minutes:

The Leader of the Council, Councillor K E Morris, included the following matters in his report:

 

(a)  BREXIT Impact

That the global media had taken up the issue of BREXIT and Dover had become a focus of interest for the impact of BREXIT on day one of leaving the European Union. He thanked the media team for their handling of enquiries and Councillor N J Collor for undertaking some of the media interviews. A roundtable event on BREXIT had been organised by the LGA and DDC.

 

That a letter had been sent to the Secretary of State for Transport, Chris Grayling MP, emphasising the importance of the short straits route.

 

That the Prime Minister and President Macron of France had agreed to support the economic development of the Dover-Calais area.

 

That the BREXIT Task Force papers were available on the Council’s website.

 

(b)  Local Enterprise Partnership (LEP)

That the Kent and Medway LEP had responded to the government in respect of LEPs to advise that it did not want any change to the current arrangements.

 

(c)  East Kent Spatial Development Company

That £700,000 had been awarded for Albert Road, Deal.

 

(d)  Business Rates

That the Kent Leaders Group had agreed to apply to be part of the 2019/20 Business Rate Retention Pilot. This followed Kent being part of the 2018/19 pilot.

 

(e)  Electoral Review of the Dover District

That the Local Government Boundary Commission for England (LGBCE) had published its final proposal for the new wards to be used from May 2019. A consultation on polling districts was currently underway.

 

(f)   High Streets

The rise in online shopping was continuing to impact on high streets nationwide. The Council through its grant scheme was investing in Dover’s High Street and it was hoped to see the first new shop open soon as a result.

 

(g)  St James

The development was now 90% let or in legal discussions to let and the feedback received was that business was brisk. There were plans for further improvements to the surrounding area in addition to those for Flying Horse Lane.

 

(h)  Local Authority Borrowing Cap

It had been announced that this would be lifted but the Council was waiting to see the details.

 

(i)    Housing

The Council had purchased 15 former council houses and was in the process of purchasing an additional 11 former council houses. The Council’s work to tackle homelessness remained a priority.

 

(j)    Cinema in Deal

The Council was working with the Astor Theatre to provide an interim cinema in Deal until the planning application for the Regent Cinema was submitted.

 

(k)  Deal Pier

The works on the pier were progressing well and the café tenants were planning for the fit out.

 

(l)    Dover District Lottery

The Council currently provided funding to the voluntary sector through the oversubscribed community grants scheme. The Cabinet had agreed to set up a lottery to provide an additional funding stream for the voluntary sector and similar lotteries were already operated in Thanet District Council, Tonbridge and  ...  view the full minutes text for item 35.

36.

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 questions received from members of the public within the notice period.

37.

Authorised Absence pdf icon PDF 68 KB

To consider the attached report of the Democratic Services Manager.

Minutes:

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

 

RESOLVED:     That the non-attendance of Councillor N A G Richards’ at meetings of the authority be approved on ill health grounds for the period commencing 16 May 2018  pursuant to the provisions of section 85(1) of the Local Government Act 1972.

38.

REVIEW OF ALLOCATION OF SEATS TO POLITICAL GROUPS pdf icon PDF 85 KB

To consider the attached joint report of the Chief Executive and the Director of Governance.

Additional documents:

Minutes:

The Director of Governance presented the Review of Allocation of Seats to Political Groups.

 

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

 

RESOLVED: (a)     That the Dover Joint Transportation Board and the 2 Overview and Scrutiny Committees 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

1       (CON)    J S Back         Chairman (appointed by Cabinet)

2       (CON)    A Friend         

3       (CON)    P D Jull          

4       (CON)    M J Ovenden 

5       (LAB)      P M Brivio      

6       (LAB)      D G Cronk     

7       (LAB)      P M Wallace  

In addition, there are 7 KCC members, 2 KALC representatives and 3 town council representatives.

 

EAST KENT SERVICES COMMITTEE

1       (CON)    K E Morris       Executive Member

2       (CON)    M D Conolly    Executive Member

 

EAST KENT SERVICES COMMITTEE NAMED SUBSTITUTES

1       (CON)    N J Collor        Executive Member

2       (CON)    T J Bartlett      Executive Member

 

ELECTORAL MATTERS COMMITTEE

1       (CON)    K E Morris       Chairman

2       (CON)    S S Chandler  Vice-Chairman

3       (CON)    F J W Scales 

4       (LAB)      M R Eddy       

5       (LAB)      B Gardner      

 

GENERAL PURPOSES COMMITTEE

1       (CON)    S M Le Chevalier   Chairman

2       (CON)    M D Conolly           Vice-Chairman

3       (CON)    D P Murphy   

4       (LAB)      M R Eddy       

5       (LAB)      B Gardner      

 

GOVERNANCE COMMITTEE

1       (CON)     P G Heath     Chairman

2       (CON)    D Hannent       Vice-Chairman

3       (CON)    B W Butcher  

4       (CON)    P I Carter       

5       (LAB)      S F Bannister 

6       (LAB)      M I Cosin        

7       (LAB)      M R Eddy       

 

JOINT STAFF CONSULTATIVE FORUM

1       (CON)    M D Conolly   

2       (CON)    P G Heath      

3       (CON)    S M Le Chevalier       

4       (LAB)      M I Cosin        

5       (LAB)      K Mills

In addition, there are 5 staff representatives appointed to the Forum.

 

 

JOINT HEALTH, SAFETY AND WELFARE CONSULTATIVE FORUM

1       (CON)    M D Conolly   

2       (CON)    P G Heath      

3       (CON)    S M Le Chevalier       

4       (LAB)      M I Cosin        

5       (LAB)      K Mills

In addition, there are 5 staff representatives appointed to the Forum.

 

The Joint Staff Consultative Forum and Joint Health, Safety and Welfare Forum are responsible for electing a Chairman and Vice-Chairman.

 

LICENSING COMMITTEE

1          (CON)             B W Butcher  

2          (CON) A Friend         

3          (CON) D Hannent      

4          (CON) P D Jull          

5          (CON) P S Le Chevalier        

6          (CON) S M Le Chevalier       

7          (CON) D P Murphy   

8          (CON) M J Ovenden 

9          (CON) M Rose          

10        (LAB)   S  ...  view the full minutes text for item 38.

39.

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:

Councillor M R Eddy advised that Councillor J M Heron would replace Councillor P Walker as the Shadow Portfolio Holder for Community Services.

 

RESOLVED: That it be noted that Councillor J M Heron had been appointed as the Shadow Portfolio Holder for Community Services.

40.

CHANGES TO THE CHIEF OFFICER STRUCTURE pdf icon PDF 77 KB

To consider the attached report of the Head of Paid Service.

Minutes:

The Chief Executive introduced the report on the proposed changes to the Chief Officer Structure.

 

Members thanked the Director of Governance for his work.

 

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

 

RESOLVED:     (a)   That the reduction of Chief Officers from the Corporate Management Team to the Chief Executive and two Strategic Directors be approved with effect from 1 January 2019.

 

(b) That the re-distribution of functions between the Chief Officers who form the Council’s Corporate Management Team be approved with effect from 1 January 2019.

 

(c) That Mr Harvey Rudd be designated as the Council’s Monitoring Officer with effect from 1 January 2019.

 

(The Solicitor to the Council, Mr H Rudd, withdrew from the meeting for the consideration of this item of business.)

41.

REVIEW OF THE CONSTITUTION 2018 - COUNCIL QUESTIONS AND ANSWERS pdf icon PDF 58 KB

To consider the attached report of the Director of Governance.

Minutes:

The Director of Governance presented the Review of the Constitution 2018 – Council Questions and Answers.

 

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

 

RESOLVED: (a)   That Council Procedure Rule 12 of the Constitution of the Council be amended to include the addition of a new rule 12.5 as follows:

 

                               “12.5 A Member raising a question under Council Procedure Rule 12.1 will be provided at the closure of the Council meeting with the written information prepared by officers as background to the relevant member of the executive’s verbal answer to the question. This written information will be made available to all other Members of the Council alongside the following week’s edition of the Members’ Weekly News.”

 

                        (b)   That it be agreed the amendment take place with immediate effect so as to enable its application at the meeting of the full Council to be held on 31 October 2018.

42.

Questions from Members pdf icon PDF 47 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.

 

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 P J Hawkins asked the Portfolio Holder for Property Management and Environmental Health, Councillor T J Bartlett:

 

“What action has this council taken on the Regent Cinema since the legal planning notice deadline passed on 31st August?”

 

In response, the Portfolio Holder for Environment, Waste and Health, Councillor N S Kenton, advised that he supported Deal having a cinema and the Council would pursue a s.215 notice through the proper processes if the exterior of the Regent was not up to requirements.

 

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

 

(2)  Councillor M R Eddy asked the Portfolio Holder for Property Management and Environmental Health, Councillor T J Bartlett:

 

“Is the Portfolio Holder for Property Management and Environmental Health happy with the current condition of Deal Pier, after the lengthy closure of the landmark for its refurbishment and Diamond anniversary?”

 

In response, Councillor T J Bartlett advised that in broad terms he was content with the current condition, which was improving daily, as work continued on both the installation of the replacement seating and the storm damage repairs. He was pleased that the Council was replacing the damaged timber on the lower deck with metal grilles, which are infinitely less likely to be damaged by future storms and high seas.

 

The gas supply pipe, which caused the closure, had been replaced. While the pier stem was a building site, the opportunity was taken to bring forward work to reline the pumped sewage tank to prolong its life and to cut in maintenance access panels to make future routine maintenance easier. Hand rails were also repainted along the length of the pier whilst there was no chance that members of the public could have possessions damaged through contact with wet paint.

 

The asphalting on the pier stem was substantially re-laid while the pier was closed however, following remedial work required by Council officers, the pier stem surface had weathered to an acceptable standard.

 

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

 

 

(3)  Councillor P M Brivio asked the Portfolio Holder for Housing and Homelessness, Councillor P M Beresford:

 

“Following the announcement by the Prime Minister that the HRA borrowing cap will be scrapped, will this council take advantage of this decision by building more much-needed council houses when the legislation is passed?”

 

In response, the Portfolio Holder for Corporate Resources and Performance, Councillor M D Conolly, stated that prior to the scrapping of the HRA borrowing cap the Council’s HRA had a cap of £92m, and borrowing of circa £78m, so there was £14m of borrowing headroom. The scrapping the cap would mean that the headroom became unlimited. However, the Council would only borrow where there was a sound business case to do so and if the borrowing  ...  view the full minutes text for item 42.

43.

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 received on notice are set out in the agenda papers.

Minutes:

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

 

“This council notes the Prime Minister’s announcement that austerity is over, congratulates her on the adoption of Labour party policy and looks forward to the additional funding needed to fund existing services and additional pressures.”

 

The Motion was duly seconded by Councillor P M Wallace.

 

Councillor K E Morris moved an AMENDMENT, duly seconded by Councillor J S Back, as followed:

 

“This council notes and welcomes the Prime Minister’s announcement that austerity is over, congratulates her on the management of the economy during difficult times, and looks forward to a brighter future for local authority funding.”

 

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:     This council notes and welcomes the Prime Minister’s announcement that austerity is over, congratulates her on the management of the economy during difficult times, and looks forward to a brighter future for local authority funding.

44.

Exclusion of the Press and Public pdf icon PDF 38 KB

The recommendation is attached.

 

MATTERS WHICH THE MANAGEMENT TEAM SUGGESTS SHOULD BE CONSIDERED IN PRIVATE AS THE REPORT CONTAINS EXEMPT INFORMATION AS DEFINED WITHIN PART 1 OF SCHEDULE 12A OF THE LOCAL GOVERNMENT ACT 1972 AS INDICATED AND IN RESPECT OF WHICH THE PROPER OFFICER CONSIDERS THAT THE PUBLIC INTEREST IN MAINTAINING THE EXEMPTION OUTWEIGHS THE PUBLIC INTEREST IN DISCLOSING THE INFORMATION

Minutes:

It was moved by Councillor D Hannent, duly seconded and

 

RESOLVED:       That, under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the remainder of the business on the grounds that the items to be considered involved the likely disclosure of exempt information as defined in paragraph 3 of Part I of Schedule 12A of the Act.

45.

REDEVELOPMENT OF WILLIAM MUGE AND SNELGROVE SITES

To consider the attached report of the Director of Environment and Corporate Assets.

Additional documents:

Minutes:

It was moved by Councillor P M Beresford, duly seconded by Councillor F J W Scales and

 

RESOLVED:     That the Budget and Policy Framework be amended to include the redevelopment of the William Muge and Snelgrove Sites in the capital programme.

46.

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.