Audio Recording

The Leader paid tribute to former Swale Borough Councillors Honorary Alderwoman Val Dane, Honorary Alderman Bryan Mulhern, Honorary Alderman Bernie Lowe and Honorary Alderman Brian Woodland, who all sadly passed away recently.   The Leader advised that a proper tribute would be made at the next Full Council meeting.

The Leader explained that the meeting would be conducted in accordance with the Local Authorities and Police and Crim Panel (Coronavirus) (Flexibility of Local Authority Police and Crime Panel Meetings) (England and Wales) Regulations 2020 No 392.

In welcoming all Members and members of the public, the Leader explained which Swale Borough Council officers were in attendance.

Councillors should not act or take decisions in order to gain financial or other material benefits for themselves or their spouse, civil partner or person with whom they are living with as a spouse or civil partner.  They must declare and resolve any interests and relationships.

The Chairman will ask Members if they have any interests to declare in respect of items on this agenda, under the following headings:

(a)          Disclosable Pecuniary Interests (DPI) under the Localism Act 2011.  The nature as well as the existence of any such interest must be declared.  After declaring a DPI, the Member must leave the meeting and not take part in the discussion or vote.  This applies even if there is provision for public speaking.

(b)          Disclosable Non Pecuniary (DNPI) under the Code of Conduct adopted by the Council in May 2012.  The nature as well as the existence of any such interest must be declared.  After declaring a DNPI interest, the Member may stay, speak and vote on the matter.

(c)          Where it is possible that a fair-minded and informed observer, having considered the facts would conclude that there was a real possibility that the Member might be predetermined or biased the Member should declare their predetermination or bias and then leave the room while that item is considered.

Advice to Members:  If any Councillor has any doubt about the existence or nature of any DPI or DNPI which he/she may have in any item on this agenda, he/she should seek advice from the Monitoring Officer, the Head of Legal or from other Solicitors in Legal Services as early as possible, and in advance of the Meeting.

No interests were declared.

The Cabinet Member for Environment introduced the report which provided an update on the Council’s response to the declaration of a Climate Change and Ecological Emergency, and an action plan which set out the activities required to adapt and mitigate against Climate Change.  The Cabinet Member for Environment explained that the action plan had already been considered by the Policy Development Review Committee (PDRC) and subsequently, there had been substantial changes to the original plan, including more detail throughout. He highlighted the ten key areas of priority on page 21 of the report. 

In response to a question from the Leader of the Conservative Group on what response had been received from Government on providing powers and resource to deliver the plan by the target of 2030, and how it would be delivered, the Cabinet Member for Environment advised that he had received a constructive response from the Minister for Business, Energy and Clean Growth, a less constructive reply from Gordon Henderson MP and no response from Helen Whately MP.  The Cabinet Member for Environment said that the targets were challenging, and that Government’s target was to reach 100% reduction in carbon emissions by 2050.  He highlighted the pathways followed to achieve reduction as on page 13 of the report and said he was confident that Government would come forward to changes in policy in order to reach the targets set.

The Leader of the Conservative Group referred to page 6 – Risk Management and Health and Safety - and, on behalf of another member of his group, drew attention to no risks being currently highlighted. He asked why the action plan made no reference to the impact and protection of residents by extreme weather conditions and questioned whether Swale Borough Council (SBC) could achieve the targets on its own?  In response, the Cabinet Member for Environment said that the full co-operation of many organisations and residents was needed to deliver the low carbon pathway. He highlighted the risks set out on page 41 of the report which addressed the issues raised and advised that SBC’s Emergency Planning Officer worked closely with Kent County Council (KCC) on adaptations to the climate change risk.

A Member applauded the work being carried out to address climate change but raised concern with the costs, drawing particular attention to the cost of the re-fit for Swale House and the purchase of electric vehicles.  He asked the Leader for the predicted cost savings for Members’ mileage due to virtual meetings, sought clarification on using electric bikes on a public highway and asked whether the bike storage at Swale House was for staff?  In response, the Leader said that officers were looking at the most cautious and cost effective re-fit to Swale House, and Cabinet would need to balance the costs against the financial difficulties that Local Government was facing.  He reminded Members that funding was not yet committed, it was an action plan to be considered at each stage and that the Medium Term Financial  ...  view the full minutes text for item 647.

The Cabinet Member for Communities introduced the report which sought approval for the Public Space CCTV Strategy.  He gave a background to the project and acknowledged the work done by the previous administration.  The Cabinet Member for Communities said the service was now managed in-house and a new strategy was necessary.  He drew attention to the guiding principles of the Surveillance Camera Code of Practice on page 65 of the report.  The Head of Housing, Economy and Communities added that the policy had been considered by PDRC.

The Leader of the Conservative Group congratulated the Head of Housing, Economy and Communities and her team for the continued work on the improved CCTV system in Swale, and he gave his support for the policy.

In response to a question from a Member, the Head of Housing, Economy and Communities advised that the out-of-hours phone service was a separate service still operating within Medway, but was being transferred to Swale.

Councillor Richard Palmer proposed and Councillor Monique Bonney seconded the recommendation.

Resolved:

(1)  That the Public Space CCTV Policy be approved.

The Cabinet Member for Environment introduced the report which sought to advise Cabinet of the outcome of the recently undertaken tender process for the Minster Leas modular toilet block.  He advised that the tender required companies to price up locations A and B, as shown on page 68 of the report.  The Cabinet Member for Environment explained that the location of option B below the level of sewerage pipes in the road would result in higher build and maintenance costs whilst option A might be considered to have a more negative visual amenity.  The Cabinet Member for Environment advised that 5 companies had submitted tenders.

In the debate that followed, a Member asked questions and made points which included:

·        Should company A have been disqualified for not pricing for both locations A and B?;

·        clarification required on the type of modular building to be built;

·        why had the proposed company not been named in the report?;

·        what public consultation had taken place?;

·        there was too little detail in the design and built schedule resulting in too much variation and poor return in equal competition;

·        did all bidders comply in providing the design details?;

·        would there be additional costs required by variation?; and

·        questioned the quality of the tender specification which had errors.

In response, the Cabinet Member for Environment said that there was no requirement to tender for both locations and one company were excluded as their tender was incomplete elsewhere in their submission.

The Head of Commissioning, Environment and Leisure confirmed that the drawings did show a brick built building, but the schedule correctly outlined that the building should be modular and the images were for illustrative purposes only.  He advised that as the building would be built under Permitted Development, a public consultation was not required however, a number of Members had been involved in the discussions and he had presented the scheme to a Minster Parish Council meeting.  The Head of Commissioning, Environment and Leisure said that not all design drawings were included in the report, as there were so many, but that due diligence had been carried out by officers.  He explained that a new process of more detail in the pricing structure in a tender was used for the first time on this project and therefore some elements were not considered, but bidders raised this in their submissions so were factored into the pricing.    The Head of Commissioning, Environment and Leisure said that additional price variations were allowed and governed by UK law but it was rare to increase in price as the process required companies to hold their prices.  He apologised for the omission of the winning company name which was an oversight.

Another Member referred to 3.6 on page 69 on the report, highlighted the price difference in the tender submission and asked what work had been carried out to ensure the quality of the product? He also asked whether the facilities would be coin-operated as shown in the plans on Appendix I.  ...  view the full minutes text for item 649.

The Head of Commissioning Environment and Leisure introduced the report which sought to approve the appointment of Reed Talent Solutions (t/a consultancy+) to provide specialist advice to Members and officers.  He explained it was another option for accessing consultants if necessary, without the need to go through a full tender process.  The Head of Commissioning Environment and Leisure explained that it would not always replace the option of going to tender, or in undertaking the usual due diligence required under Contract standing orders and financial regulations.

Resolved:

(1)  That the Cabinet approves the appointment of Reed Talent Solutions (t/a Consultancy+) as a provider of Consultancy Services until 30 September 2022 with the option to extend for 12 months.