Agenda and minutes

Council
Wednesday, 30th January, 2019 6.00 pm

Venue: Council Chamber - Dover District Council. View directions

Contact: Rebecca Brough  Democratic Services Manager

Items
No. Item

53.

Apologies

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Councillors S F Bannister, J M Heron, M Rose and P M Wallace.

54.

Minutes pdf icon PDF 113 KB

To confirm the Minutes of the meeting held on 31 October 2018 and 12 December 2018 (to follow).

Additional documents:

Minutes:

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

 

The Minutes of the meeting held on 12 December 2018 were approved subject to it being amended to record that one member of the council voted against the resolution (Minute No. 51).

55.

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 K Mills declared an Other Significant Interest (OSI) in agenda item 17 (motions 1 and 2) on the following grounds:

 

·         Motion 1: That his family was in the process of selling a house to the council

·         Motion 2: That his wife worked for the NHS

 

And advised that he would withdraw from the meeting for the consideration of these items of business.

56.

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 announce that the Dover (Electoral Changes) Order 2019 had been approved.

 

 

57.

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 (Progressive 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)  The transport preparations that had been undertaken for BREXIT and to highlight concerns over the anti-competitive nature of the Channel Tunnel being allowed to continue operating normally while the Port of Dover would not.

 

(b)  That Riveroak had confirmed that any interim use of Manston in respect of BREXIT would not impact efforts to return Manston to use as an airport.

 

(c)  That UK and international press had covered the activities of the BREXIT Task Force and Dover had become a byword for the success or failure of BREXIT.

 

(d)  That he had met with Madame Bouchart to discuss an interreg bid and post-BREXIT opportunities.

 

(e)  That all LEPs were being reviewed but it was hoped that the South East LEP would be left unchanged as it was working well.

 

(f)   The need to ensure that the A2 was dualled before the Lower Thames Crossing was built.

 

(g)  That he was looking at what powers were available to tackle lorries in Dover that parked overnight.

 

(h)  To set out the Local Plan timetable.

 

(i)    That 3 grants had been given to High Street businesses (2 in Deal and 1 in Dover).

 

(j)    That there were 10 businesses in the former Co-Op building in Dover.

 

(k)  That he had met with the local Member of Parliament and an M&S board member to discuss the news that the M&S in Deal would be closing. There had been no prior warning of the closure. He had been advised that food sales in Deal were still viable and that M&S would consider operating an M&S Food store if a suitable site could be located. The Council would assist M&S in trying to identify possible sites and was working with the CAB and DWP to help employees.

 

(l)    To welcome the good news concerning the ALDI development in Deal.

 

(m) To note that it was anticipated that the works to the Guildhall site in Sandwich would be completed before the Open Golf in 2020.

 

(n)  To advise of changes to the Cold Weather Protocol for homelessness.

 

(o)  To note that homelessness continued to fall in the district and that the Council was in the process of buying an additional 6 properties for use.

 

(p)  That 51 good causes had signed up to the Dover Lottery and 1 ticket was being sold every 10 minutes on average.

 

(q)  To welcome the planning application for the former Regent Cinema and that the Astor would be showing movies.

 

(r)   That Deal Pier was potential candidate for Pier of the Year.

 

(s)   That the Council was working with English Heritage to see if they could bring visitors into Dover town centre.

 

(t)    To note that the Dover District Leisure Centre had been delivered on time and on budget and to thank all of those involved with the steering group, including the public representative Mr Peter Ward.

 

The  ...  view the full minutes text for item 57.

58.

Questions from the Public pdf icon PDF 43 KB

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

 

(1)  A question was received from Ms S Gleave (E.U. Thinking Deal and Dover) within the notice period and is set out in the agenda papers.

Minutes:

In accordance with Council Procedure Rule 11, Ms S Gleave asked the Leader of the Council, Councillor K E Morris:

 

“Will the Leader of DDC be defending the interests of Dover district communities by calling for a second referendum like Damian Collins MP and Birmingham, Warrington and other City councils have done, as the only way to cut through parliamentary gridlock and avoid the NO-DEAL Brexit that DDC Brexit Impact assessments advise strongly against?”

In response, Councillor K E Morris stated that the Council would always defend the community’s interests and would implement BREXIT as effectively as possible, deal or no deal.  

 

In accordance with Council Procedure Rule 11.8, Ms Gleave exercised her right to ask a supplementary question.

59.

BREXIT Update

To receive an update from the Leader of the Council. 

 

Minutes:

The Leader of the Council, Councillor K E Morris, introduced the BREXIT update.

 

The Council received presentations from Mr Toby Howe (Kent County Council) and the Chief Executive (Dover District Council) on BREXIT.

 

RESOLVED: That the update be noted.

60.

REVIEW OF POLLING DISTRICTS AND POLLING STATIONS pdf icon PDF 89 KB

To consider the attached report of the Chief Executive.

Additional documents:

Minutes:

The Chief Executive introduced the report on the Review of Polling Districts and Polling Stations.

 

It was moved by Councillor K E Morris, and duly seconded by Councillor F J W Scales that the recommended proposals for the Polling District, Polling Places and Polling Stations Scheme be approved.

 

Members discussed the location of polling stations in North Deal and Rokesley/Buckland.

 

RESOLVED: That the recommended proposals for the Polling District, Polling Places and Polling Stations Scheme be approved as follows:

 

(a)          That the current scheme be amended to incorporate all of the recommendations of the (Acting) Returning Officer for the Dover Parliamentary Constituency (as set out in section 3.3 of the report).

(b)          That each Polling District be designated as the Polling Place. Where no suitable Polling Station is available the (Acting) Returning Officer be authorised to designate an adjoining Polling District for that Polling Place.

(c)          That the Parliamentary Polling Districts and Polling Places be designated as the Polling Districts and Polling Places for Local Government Elections.

 

 

 

61.

Review of Allocation of Seats pdf icon PDF 113 KB

To consider the joint report of the Chief Executive and Monitoring Officer (to follow).

Additional documents:

Minutes:

Members were advised that following the amendment of the minutes of the meeting on 12 December 2018 to record a vote against the decision set out in Minute No. 51, the Council was required to review its allocation of seats again.

 

It was moved by Councillor K E Morris and duly seconded by Councillor B Gardner that Option 1 of the report be approved. This would continue the current seat allocation arrangements agreed by Members on 12 December 2018.

 

On being put to the meeting a vote against was recorded. As the decision was a variation to the principles set out in s.15 of the Local Government and Housing Act 1989 it required no Member to vote against it.

 

Subsequent to this vote, the Member who voted against the decision agreed to withdraw their vote against.

 

It was moved by Councillor K E Morris and duly seconded by Councillor B Gardner that Option 1 of the report be approved and it was

 

RESOLVED:  (a)     That having reviewed the representation of the political groups and the non-politically aligned members on the ordinary committees of the Council and the other bodies to which it makes appointments, an allocation in accordance with Option 1 of the report be approved as follows:

 

                                 Dover Joint Transportation Board (7 seats)

                                 Conservative Group      4 seats

                                 Labour Group                 2 seats

                                 Non-aligned members   1 seat

 

                                 East Kent Services Committee (2 seats)

                                 Conservative Group      2 seats

 

                                 Electoral Matters Committee (5 seats)

                                 Conservative Group      3 seats

                                 Labour Group                 2 seats

 

                                 General Purposes Committee (5 seats)

                                 Conservative Group      3 seats

                                 Labour Group                 2 seats

 

                                 Governance Committee (7 seats)

                                 Conservative Group      4 seats

                                 Labour Group                 2 seats

                                 Non-aligned Members   1 seat

 

                                 Joint Staff Consultative Forum (5 seats)

                                 Conservative Group      3 seats

                                 Labour Group                 2 seats

 

                                 Joint Health, Safety and Welfare Consultative Forum (5 seats)

                                 Conservative Group      3 seats

                                 Labour Group                 2 seats

 

                                 Licensing Committee (15 seats)

                                 Conservative Group      8 seats

                                 Labour Group                 5 seats

                                 Progressive Group         1 seat

                                 Non-aligned Members   1 seat

 

                                 Planning Committee (10 seats)

                                 Conservative Group      5 seats

                                 Labour Group                 4 seats

                                 Progressive Group         1 seat

 

                                 Regulatory Committee (5 seats)

                                 Conservative Group      3 seats

                                 Labour Group                 2 seats

 

                                 Scrutiny (Community and Regeneration) Committee (10 seats)

                                 Conservative Group      5 seats

                                 Labour Group                 3 seats

                                 Progressive Group         1 seat

                                 Non-aligned Members   1 seat

                                

                                 Scrutiny (Policy and Performance) Committee (10 seats)

                                 Conservative Group      4 seats

                                 Labour Group                 4 seats

                                 Progressive Group         1 seat

                                 Non-aligned Members   1 seat

 

                        (b)     That the seats on the ordinary committees and other bodies be appointed to give effect to the allocations and the nomination of the political groups and appoints to the ordinary committees of the Council and the other bodies to which it makes appointments as follows:

 

                                 Dover Joint Transportation Board                                            

CON (4)

LAB (2)

PRO (0)

NAM (1)

J S Back

P M Brivio

 

G Rapley

A Friend

D G Cronk

 

 

P D Jull

 

 

 

M J Ovenden

 

 

 

 

                                 East Kent Services Committee

CON (2)

LAB (0)

PRO (0)

NAM (0)

K E Morris

 

 

 

M D Conolly

 

 

 

 

                                 East Kent  ...  view the full minutes text for item 61.

62.

Calendar of Meetings 2019/20 pdf icon PDF 50 KB

To consider the attached report of the Head of Governance.

Additional documents:

Minutes:

The Democratic Services Manager presented the report on the Calendar of Meetings 2019/20.

 

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

 

RESOLVED:  That the Draft Calendar of Ordinary Meetings for 2019/20 be approved in principle subject to final ratification at the Annual Meeting of Council in May 2019.

 

63.

Members Allowances Scheme 2019/20 pdf icon PDF 63 KB

To consider the attached report of the Head of Governance.

 

The recommendations of the East Kent Joint Independent Remuneration Panel will be circulated separately.

Additional documents:

Minutes:

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

 

RESOLVED:  That the Members’ Allowance Scheme 2019/20 be agreed at the levels of 2018/19, as set out in Appendix 1 of the report, subject to an increase in the Dependent Carers Allowance to £8.21 per hour in line with the National Living Wage from 1 April 2019.

64.

Council Tax Base 2019-20 pdf icon PDF 317 KB

To consider the attached report of the Strategic Director (Corporate Resources).

 

In accordance with Procedure Rule 18.6 (voting on budget decisions) a recorded vote will be held in respect of this item.

Minutes:

The Strategic Director (Corporate Resources) introduced the report on the Council Tax Base 2019-20.

 

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

 

RESOLVED:  (a)     That for the financial year 2019/20, the empty homes discount remain at 0% for Class C empty properties, and continue to remove the discount for second homes so that Council Tax will be payable in full on these properties.

 

                        (b)     That the Council Tax Reduction Scheme for 2019/20 not be revised.

 

(c)     That the District's Council Tax Base for 2019/20 as 38,526.26 and the tax base for the towns and parishes in the Council’s administrative area be approved, as set out below:

 

 

 

Parish

2018/19 Tax Base

- usingcollection

rate

2019/20 Tax Base using collection

rate

Alkham

307.61

310.13

Ash

1126.94

1152.87

Aylesham

1365.88

1474.03

Capel-Le-Ferne

660.15

659.24

Deal

6651.71

6750.79

Denton-with-Wootton

171.45

172.51

Dover

8073.27

8198.33

Eastry

788.15

816.95

Eythorne

782.97

792.44

Goodnestone

171.61

174.81

Great Mongeham

268.71

268.83

Guston

374.95

399.09

Hougham-Without

183.08

182.30

Langdon

227.56

236.07

Lydden

254.42

251.67

Nonington

293.16

295.01

Northbourne

267.72

269.95

Preston

326.30

366.78

Ringwould-with-Kingsdown

1018.86

1021.39

Ripple

152.03

149.51

River

1487.35

1488.97

St Margarets-at-Cliffe

1303.27

1294.76

Sandwich

1992.46

1917.37

Shepherdswell-with-Coldred

753.56

757.31

Sholden

746.02

736.36

Staple

229.77

232.27

Stourmouth

113.25

116.29

Sutton-by-Dover

307.40

303.62

Temple Ewell

645.05

651.17

Tilmanstone

153.26

154.16

Walmer

3290.37

3337.77

Whitfield

1933.63

1972.43

Wingham

681.07

677.85

Woodnesborough

464.24

465.57

Worth

465.46

477.65

Total

37,962.69

38,526.26

 

(d)     That the introduction of the Long Term Empty Premium charge for properties that have been empty for 2 years or more be approved.

 

                        The manner of the voting was as followed:

 

For (40)

Against (0)

Abstain (0)

J S Back

T J Bartlett

P M Beresford

T A Bond

P M Brivio

B W Butcher

P I Carter

S S Chandler

N J Collor

M D Conolly

M I Cosin

G Cowan

D G Cronk

N Dixon

M R Eddy

A Friend

R J Frost

B Gardner

B J Glayzer

D Hannent

P J Hawkins

P G Heath

M J Holloway

S J Jones

P D Jull

L A Keen

N S Kenton

P S Le Chevalier

S M Le Chevalier

S C Manion

K Mills

K E Morris

D P Murphy

A M Napier

M J Ovenden

A S Pollitt

G Rapley

D A Sargent

F J W Scales

P Walker

 

 

 

 

65.

TREASURY MANAGEMENT - QUARTER 2 REPORT 2018/19 pdf icon PDF 103 KB

To consider the attached report of the Strategic Director (Corporate Resources).

Additional documents:

Minutes:

The Strategic Director (Corporate Resources) introduced the Treasury Management – Quarter 2 2018/19 report.

 

It was moved by Councillor M D Conolly, duly seconded by Councillor F J W Scales, and

 

RESOLVED:   That the report be received.

66.

REVIEW OF THE CONSTITUTION 2018 – SENIOR MANAGEMENT RESTRUCTURE FROM 1 JANUARY 2019 pdf icon PDF 85 KB

To consider the attached report of the Solicitor to the Council.

 

Due to the size of the appendix, this is provided as an electronic link: https://moderngov.dover.gov.uk/documents/s29224/Constitution%20V2%20Draft%2027%20Nov%202018%202.pdf

 

Minutes:

It was moved by Councillor P G Heath, duly seconded by Councillor F J W Scales, and

 

RESOLVED:  (a)     That the proposed changes in the Review of the Constitution – Senior Management Restructure from 1 January 2019, specifically relating to Article 12 – Officers, Part 3 Section 6, Sub Section C (Scheme of Officer Delegations) that relate to Council functions, Part 7 Management Structure and Part 10 Proper Officer Appointments be approved and incorporated into the Council’s Constitution, issue no. 22.

 

(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.

 

67.

FLEXIBLE RETIREMENT OF A CHIEF OFFICER pdf icon PDF 76 KB

To consider the attached report of the Head of Governance.

Additional documents:

Minutes:

It was moved by Councillor K E Morris, duly seconded and F J W Scales, and

 

RESOLVED:  (a)     That the reduction of the Corporate Management Team from 3 FTE to 2.8 FTE be approved.

 

(b)     That the flexible retirement request of the Chief Executive be approved with effect from 1 April 2019, pursuant to the Local Government Pension Scheme Regulations 2013, Reg. 30(6) and in accordance with the Council’s Pension Discretion Policy Statement.

 

(The Chief Executive withdrew from the meeting for the consideration of this item of business.)

68.

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.

 

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 M R Eddy will ask the Leader of the Council, Councillor K E Morris:

“A number of constituents in the Mill Hill ward have raised with me the need to reverse the decision of the former Home Secretary, Amber Rudd, not to hold a public inquiry in to the events surrounding the picketing of the Orgreave coking plant in 1984. Will the Leader of the Council write to the present Home Secretary requesting that a public inquiry be established to examine the events at Orgreave, in which some 200 Kent mine workers, mainly from this district, were involved; the decisions that led up to those events; and the way in which those events were presented in the aftermath of the events.”

In response Councillor K E Morris stated that a great deal of evidence had been submitted to the Government and a public enquiry had been refused. This was not likely to change without new evidence being submitted.

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

 

(2)          Councillor P Walker will ask the Portfolio Holder for Access and Licensing, Councillor N J Collor:

“Can the Portfolio Holder for Access and Licensing outline to the Council the discussions held between the Council, the builders and/or operators of the Dover District Leisure Centre, and Stagecoach regarding the provision of bus services to and from the Centre, the town centres and other significant settlements like Aylesham, Shepherdswell, Eythorne and Eastry?”

In response Councillor N J Collor stated that the Council had liaised with KCC and Stagecoach during the development of the project to ensure that Dover District Leisure Centre was well served by public transport in the long term.

Local knowledge and experience gained at similar sites across the county indicated that new services to specifically serve the site would not be sustainable, so the best use of development contributions was identified as a ticket incentive scheme that would be administered by the Centre operator.

In accordance with Council Procedure Rule 12.5, Councillor P Walker exercised his right to ask one supplementary question.

 

(3)          Councillor P Walker withdrew his question.

 

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

“Could the Portfolio Holder for Property Management and Environmental Health update the Council on the progress being made to bring the triangular open space in Freemens Way into use for the public benefit of the people of the Mill Hill ward in particular and the people of Deal in general?”

In response Councillor T J Bartlett stated that the open space at Freemens Way was publicly accessible, but was privately owned and therefore was not maintained by the Council.  When complaints had been received about the state of this site, the Council had contacted the land owners and ensured that  ...  view the full minutes text for item 68.

69.

Motions pdf icon PDF 41 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.

 

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

 

The motions received are set out in the agenda papers

Minutes:

Motion 1

 

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

“While this Council welcomes the aspirations of the NHS Plan, published on 7 January, it is concerned that those aspirations will be undermined by the continuing problems of adequate staffing levels, pressures, and our communities' needs. A current local example is the closure of the Eastry GP surgery and the merger of the two Sandwich surgeries. Council calls on the Leader to write to the Secretary of State for Health expressing Council's opposition to the closure of the Eastry surgery, and any other existing surgery in this district, as such closures undermine the aspirations of the NHS Plan.”

The Motion was duly seconded by Councillor M R Eddy.

 

Councillor K E Morris moved an AMENDMENT, duly seconded by Councillor F J W Scales, as followed:

“While this Council welcomes the aspirations of the NHS Plan, published on 7 January, it is concerned that those aspirations will be undermined by the continuing problems of adequate staffing levels, pressures, and our communities' needs. A current local example is the closure of the Eastry GP surgery and the merger of the two Sandwich surgeries. Council calls on the Leader to write to the Secretary of State for Health expressing the Council's concerns regarding the closure of the Eastry surgery, and any other existing surgery in this district, as such closures undermine the aspirations of the NHS Plan.”

 

Councillor P Walker, 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:     While this Council welcomes the aspirations of the NHS Plan, published on 7 January, it is concerned that those aspirations will be undermined by the continuing problems of adequate staffing levels, pressures, and our communities' needs. A current local example is the closure of the Eastry GP surgery and the merger of the two Sandwich surgeries. Council calls on the Leader to write to the Secretary of State for Health expressing the Council's concerns regarding the closure of the Eastry surgery, and any other existing surgery in this district, as such closures undermine the aspirations of the NHS Plan.

 

Motion 2

 

In accordance with Council Procedure Rule 13, Councillor P J Hawkins moved the Motion of which she had given notice as follows:

“Other Councils are buying properties on new developments in our district to house people on waiting lists. This Council agrees to purchase similar properties within the district to house those on our waiting list and the homeless.”

The Motion was duly seconded by Councillor D G Cronk.

 

Councillor J S Back moved an AMENDMENT, duly seconded by Councillor F J W Scales, as followed:

“Other Councils are buying properties on new developments in our district to house people on waiting lists. This Council agrees to continue the excellent work it is doing to purchase similar properties within the district to house  ...  view the full minutes text for item 69.

70.

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.