Agenda, decisions and draft minutes

Venue: Mallandain Room, Whitstable Castle, Tower Hill, Whitstable

Contact: Vanessa Montgomery  01227 862 009, Email: democracy@canterbury.gov.uk

Items
No. Item

87.

Apologies for absence

Minutes:

Apologies for lateness had been received from Councillor Caffery and apologies for absence from independent member Paul Moore.

88.

Election of a Chairman for the year 2019/20

TO CONSIDER

Minutes:

Councillor Todd was elected as chairman for the council year 2019/20.

 

Record of the voting 

For the proposal: Baker, Budden, Cornell, Dixey, I Thomas, Watkins (6)

Abstaining from the proposal: Todd (1)

Against the proposal: None

 

89.

Substitute Members (Councillors)

Minutes:

There were no substitute members

90.

Declaration of interests by Board members and officers

TO RECEIVE any declarations for the following in so far as they relate to the business for the meeting:-

 

a.         Disclosable Pecuniary Interests

b.         Other Significant Interests (what were previously thought of as non-pecuniary Prejudicial interests)

c.         Voluntary Announcements of Other Interests

 

Voluntary Announcements of Other Interests not required to be disclosed as DPI’s or OSI’s, ie announcements made for transparency reasons alone, such as:

           Membership of outside bodies that have made representations on agenda items, or

           Where a Councillor knows a person involved, but does not have a close association with that person, or

           Where an item would affect the well-being of a Councillor, relative, close associate, employer, etc but not his/her financial position.

 

[Note: an effect on the financial position of a Councillor, relative, close associate, employer, etc; OR an application made by a Councillor, relative, close associate, employer, etc, would both probably constitute either an OSI or in some cases a DPI].

 

Minutes:

The following voluntary announcements were made by Board members:

 

  • Councillor I Thomas was a Kent County councillor and a member of the Kent and Essex Inshore Coast and Fisheries Committee. He was also a member of this council’s Planning Committee.
  • Councillor Cornell had acted as spokesperson in the past for a campaign group seeking to a cinema in Whitstable, relevant to minute 94.
  • Councillor Todd was a member of the RNLI, Whitstable Yacht Club and the Whitstable Canoe Club.

 

91.

Public Participation

Provided that notification has been given to Democratic Services by 12.30pm on the working day before the meeting, members of the public may speak on any item on the agenda for a maximum of three minutes.

Minutes:

There are four speakers for the meeting onespoke prior to the Whitstable cycle hire lease item and three who spoke prior to the Harbour Masters report. 

 

92.

Minutes of the meeting held on 12 April 2019 pdf icon PDF 70 KB

To confirm as a true record the minutes of the meeting held on 12 April 2019.

Minutes:

The minutes were agreed as a true record by general assent.

93.

Annual Harbour Outturn Report 2018-19 pdf icon PDF 29 KB

TO NOTE the report from the Director of Finance and Procurement, Lisa Fillery.

Minutes:

The Head of Finance introduced the report which set out the outturn position for the financial year ending 31 March 2019. She drew attention to the major variances. 

 

There was general agreement that the good management of the budget allowed the harbour to deliver what the community wanted.

 

The report was NOTED by general assent.

 

94.

South Quay Shed development - Cinema update pdf icon PDF 309 KB

TO CONSIDER the report from John Davison, the Principal Maritime Engineer.

Decision:

No further investigation into the development of a cinema in the rear yard of the South Quay Shed (SQS) be carried out. However, alternative sites would be considered as opportunities arose.

 

Reason for the decision: As a number of operators had indicated that a cinema is not commercially viable in this location it was important to refocus and concentrate on the delivery of larger south quay shed redevelopment in line with the overall project aims and the harbour’s strategic plan.

 

Minutes:

The Principal Maritime Engineer introduced the report which set out the progress on the south quay shed development. Part of the work that had been done was continue to pursue the option of incorporating a cinema within the development. The officer highlighted the following points:

 

Potential cinema operators had indicated that they would either need the whole site or a new purpose built building to be commercially viable at this location.

 

The consultation undertaken in 2015 indicated that the public did not want the whole shed to be used for a cinema

 

The project scope given by the Board for the development was for a mixed use development incorporating a community element this was not compatible with giving the whole site over to a cinema operator.

 

The site constraints meant that the purpose built building suggested was unlikely to achieve planning given the impact it would have on the street scene outside of the Harbour.

 

The Board members discussed making comments including the following:

 

The work done on the feasibility of a cinema would be useful for future consideration of a cinema elsewhere in the Harbour or the wider town.

 

Other sites in the harbour would be more suitable and attractive to the operators.

 

Many local people did not what to see the site turned into a cinema given that it would not make the best use of the sites outlook and location.

 

The recommendation in the report, as amended by the word ‘would’, was proposed, seconded and when put to a vote agreed.

 

RESOLVED:  That no further investigation into the development of a cinema in the rear yard of the South Quay Shed (SQS) be carried out. However, alternative sites would be considered as opportunities arose.

 

Reason for the decision: As a number of operators had indicated that a cinema is not commercially viable in this location it was important to refocus and concentrate on the delivery of larger south quay shed redevelopment in line with the overall project aims and the harbour’s strategic plan.

 

Record of the voting

For the proposal: Baker, Budden, Caffery, Dixey, I Thomas, Todd, Watkins (7)

Abstaining from the proposal: Cornell (1)

Against the proposal: None

95.

Membership of the South Quay Working Group pdf icon PDF 87 KB

TO CONSIDER the membership of the South Quay Working Group.

Decision:

  1. That the Board confirmed that a working group called the South Quay Working Group be set up to oversee the work on the development of the south quay.
  2. That the following Board members be appointed to the Board - Budden, Cornell, Dixey, Moore and Todd.

 

Reason for the decision: To shift through the ideas, move more quickly get a range of expertise.

 

 

Minutes:

ThePrincipal Maritime Engineer introduced the report which set out the rationale for a working group to consider the development of the south quay in a broader sense.

 

The recommendations in the report were proposed, seconded and when put to a vote unanimously agreed.

 

The Board members discussed the benefits of a working group, the number of members and the desired spread of expertise and local knowledge.

 

RESOLVED: 

  1. That the Board confirmed that a working group called the South Quay Working Group be set up to oversee the work on the development of the south quay.
  2. That the following Board members be appointed to the Board - Budden, Cornell, Dixey, Moore and Todd.

 

Reason for the decision: To shift through the ideas, move more quickly get a range of expertise.

 

Record of the voting 

For the proposal: Baker, Budden, Caffery, Cornell, Dixey, I Thomas, Todd, Watkins (8)

Abstaining from or against the proposal: None

 

96.

Replacement Fuel Tank pdf icon PDF 165 KB

TO CONSIDER the report of the Harbour Master.

Decision:

The Harbour investigate the replacement of the fuel tank which is used to supply fuel to the fishermen whilst considering the points made by the Board. Request for the approval or capital costs and any revenue implications would come to a later meeting of the Board.

 

Reasons for the decision: Fitting the replacement tank with “pay as you go” and re-siting it would improve access for fuelling and reduce staff administration costs.

 

 

Minutes:

The Deputy Harbour Master introduced the report which sought authority to investigate the replacement of the fuel tank with a larger version that also provided a pay as you go facility.

 

The Board debated matter at times asking for clarification. The Deputy Harbour Master gave points of clarification where necessary. The following matters were covered:

 

·         The tank did not need imminent replacement.

·         The transition to paying on point from paying in arrears.

·         The possibility to include an environmental levy when setting the pricing.

·         There was no nearer source for the fisher to get petrol for their boats.

·         Practicalities of decommissioning the old tank and moving to a new place.

 

RESOLVED: That the Harbour investigate the replacement of the fuel tank which is used to supply fuel to the fishermen whilst considering the points made by the Board. Request for the approval or capital costs and any revenue implications would come to a later meeting of the Board.

 

Reasons for the decision: Fitting the replacement tank with “pay as you go” and re-siting it would improve access for fuelling and reduce staff administration costs.

 

Record of the voting

 

For the proposal: Baker, Budden, Caffery, Cornell, Dixey, I Thomas, Todd, Watkins (8)

Abstaining from or against the proposal: None

97.

Whitstable Harbour Cycle Hire Lease Tender pdf icon PDF 89 KB

TO CONSIDER the report of Caroline Hicks, Head of Property and Regeneration.

Additional documents:

Decision:

The matter be referred back to officers for more work, including how it fits with the district cycle plan and what the commercial interest in alternative sites would be.

 

Reason for the decision: It was important to support cycling in the district, the council aimed to support projects that encouraged people out of their cars. However, there were concerns about the conflict with pedestrians and other harbour users and whether the facility would attract people who wanted to cycle around the harbour rather than walking and rather than those who would use it to replace longer journeys by cars.

 

Minutes:

A member of the public, Bernard Wright, spoke prior to the meeting.

 

The Principal Valuer introduced the report which asked the Board to consider whether to offer an area of land for cycle hire operators. He added that any operators would need to be clear on instructions to dismount in the Harbour.

 

The Board members made comments including the following matters:

 

There was a byelaw in place to prohibit cycling in the harbour.

It would mainly be used by visitors who would want to explore the harbour on the bikes.

Potential for conflict with other harbour users, location needs to be carefully considered.

Existing operators spend time explaining the logistics or the routes.

It would competing with existing business in the town.

There is provision for cyclists already in the form of cycle parking.

Signage could be included in the pedestrian to advertise cycle hire in an alternative location.

 

It was proposed, seconded and when put to a vote unanimously agreed that -

 

RESOLVED: That the matter be referred back to officers for more work, including how it fits with the district cycle plan and what the commercial interest in alternative sites would be.

 

Reason for the decision: It was important to support cycling in the district, the council aimed to support projects that encouraged people out of their cars. However, there were concerns about the conflict with pedestrians and other harbour users and whether the facility would attract people who wanted to cycle around the harbour rather than walking and rather than those who would use it to replace longer journeys by cars.

 

Record of the voting

For the proposal: Baker, Budden, Caffery, Cornell, Dixey, I Thomas, Todd, Watkins (8)

Abstaining from or against the proposal: None

98.

Port Manager and Harbour Master's Report pdf icon PDF 71 KB

TO NOTE

Additional documents:

Minutes:

Three members of the public; Brent Lewis and Luke Wright on behalf of the FAR Academy and Criag Potter regarding Beach within Reach, spoke to the Board.

 

The Board discussed the items presented by the speakers. It was AGREED by general assent that the projects (the FAR Academy and Beach within Reach) should be supported where possible and the Harbour Master was asked to work with the groups on their respective projects.

 

The Harbour Master introduced his report which updated the Board on matters related to operational management of the Harbour including matter related legislation.

 

He outlined the outcome of a meeting with the Department of Transport regarding. The Department suggested that the Harbour consider retaining its Competent Harbour Authority status whilst ensuring the pilotage management system is robust.

 

The Harbour had also been subject to an extensive audit by the Department of Transport in relation to prevention of entry by illegal immigrants.

 

In response to a concern raised by a Board member the Harbour Development Officer explained that the water filling point had been erroneously moved by a contractor to a location behind the new ice cream pitch. This had lead to fall by a member of the public. The tap was to be relocated back to its original position.

 

The Board NOTED the Harbour Master’s report.

99.

Harbour Action Plan pdf icon PDF 57 KB

TO NOTE

Minutes:

The Board NOTED the action plan

100.

Date of next meeting

Friday 13 September 2019

Minutes:

3.30 pm, Friday 13 September 2019 at St John's Methodist Church, Whitstable.

101.

Any other urgent business to be dealt with in public

Minutes:

There was no other urgent business for the meeting.

102.

Exclusion of the press and public

TO RESOLVE – That under Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting during consideration of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act or the Freedom of Information Act or both.

 

Minutes:

RESOLVED: That under Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting during consideration of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act or the Freedom of Information Act or both.

 

103.

Property Action Plan Updates

TO NOTE

 

The action plan updates the Board on ongoing tenant related matters, for example lease negotiations. The Property department act as landlord on behalf of the Board and so manage the tenants and leases directly. Where any decisions by the Board are required a separate item will be listed on the agenda accompanied by a formal report to inform the decision(s).

 

(The action plan contains information the disclosure of which is likely to prejudice the commercial interest of both the Council and other bodies (s. 43 Freedom of Information Act 2000). The Council considers that at present the public interest in maintaining the exemption outweighs the public interest in disclosing it. Paragraph 3 of schedule 12A of the Local Government Act 1972 also applies.)

Minutes:

The Principal Valuer updated the Board on recent contact from a tenant requesting an early exit to their lease. The Board discussed the matter. He also gave an update in regard to an ongoing rent review.

 

The Principal Property Solicitor gave points of clarification where needed.

 

The Board NOTED the update.

104.

Exempt annex: Whitstable Harbour Cycle Hire Lease Tender

(This annex contains information the disclosure of which is likely to prejudice the commercial interest of both the Council and other bodies (s. 43 Freedom of Information Act 2000). The Council considers that at present the public interest in maintaining the exemption outweighs the public interest in disclosing it. Paragraph 3 of schedule 12A of the Local Government Act 1972 also applies.)

 

TO CONSIDER

 

The main report is contained earlier on in the agenda.

 

Minutes:

It was not necessary for the Board to discuss the matter set out in the annex as the matter was dealt with in the public part of the meeting.

105.

Any other business which falls under the exempt provisions of the Local Government Act 1972 or the Freedom of Information Act 2000 or both

Minutes:

There was no other urgent business for the meeting.