Agenda and minutes

To receive any apologies for absence.

Apologies were received from Councillors Fairweather, Lewis, Neve and Mrs Thomas.

To approve the minutes of a previous meeting as a correct record. The only issue relating to the minutes that can be discussed is their accuracy.

RESOLVED – That the minutes of the meeting dated 8 July 2020 be approved as a correct record.

To receive any declarations of interest by members in items on the agenda. For any advice on declarations of interest; please contact the Monitoring Officer before the meeting.

No declarations of pecuniary or significant other interest were made.

To receive announcements from the Mayor, the Leader of the Council, members of the Cabinet and the Chief Executive.

The Mayor advised members that a written summary of her engagements since 8 July 2020 had been provided.

Councillor March announced:

·         That the Assembly Hall Theatre would re-open on 17 October 2020. The venue would  operate in a Covid secure manner with a reduced capacity of approximately 350 seats. There would be a superb programme ranging from Panto to Opera, Cabaret to Comedy as well as ensuring that the Royal Tunbridge Wells Symphony Orchestra and The Forum had a place to perform within the borough.

·         The Assembly Hall team would be delivering the annual ice rink to ensure that there was a town centre attraction during the festive period and to support local businesses by increasing footfall.

·         All three leisure centres in the borough were now open.

To receive any questions from members of the public, of which due notice has been given in accordance with Council Procedure Rule 8, to be submitted and answered.

The Mayor advised that one question from a member of the public had been received under Council Procedure Rule 8.

1. Question from Mr Adrian Thorne

“The National Allotment Society has just reported a 40% increase in applications for allotments since the COVID19 lockdown started. Given the well-documented health, environmental and societal benefits, coupled with the responsibility of the council to provide allotments, I would like to know: 1) How many people are currently waiting for an allotment site, and how that compares to recent years; and 2) How the council intends to satisfy this demand?”

Answer from Councillor March

“1) In recent months we have seen an increase in the number of people wanting to take an allotment and currently have 137 applicants on our waiting list. With the exception of one site, where there 29 applicants, there was no waiting list in February.”

2) The Borough Council has 10 allotment sites in Royal Tunbridge Wells which are regularly monitored to ensure that all plots are being actively cultivated by their tenants. When vacancies do arise, the plots are cleared quickly to enable the new tenants to move on as soon as is possible. Elsewhere in the borough parish councils are responsible for providing allotments for their local residents.”

To receive any questions from members of the Council, of which due notice has been given in accordance with Council Procedure Rule 10, to be submitted and answered.

The Mayor advised that two questions from Members of the Council had been received under Council Procedure Rule 10, full details of which were set out in the supplement to the agenda.

1. Question from Councillor Pope

“A number of contracts that Tunbridge Wells Borough Council currently has with suppliers receive a large number of complaints from end users, e.g. Waste & Recycling Contract receives complaints from householders, Grounds Maintenance Contract receives complaints from sports clubs and individual users. These contractual failures have a reputational impact on the council and a financial impact in trying to resolve the problems. How will the council’s tender selection process be improved to reduce the level of failures?”

Answer from Councillor Tom Dawlings

“An overview of the Council’s procurement processes was given in an all-Member Briefing in January this year – in the pre-covid era this briefing was held in Committee Room A which all now seems a world away. The briefing was arranged as the Council’s new Procurement Strategy and Social Value Policy was moving through the Committee stage.

The Council follows a fully compliant process, in line with both the Public Contracts Regulations (2015) and the Council’s own constitution – which was reviewed, updated and approved by Full Council in July 2017. Tenders are evaluated on a range of criteria, not just price or cost, which are discussed and agreed at the commissioning stage of the tendering process.

Contracts which are Key Decisions (under the definition provided within the Constitution) are awarded in public meetings, having been reviewed by the Cabinet Advisory Boards and Cabinet before final approval is granted. All this affords Members the opportunity to review and comment on proposals prior to the Council entering into any contractual agreement with suppliers.

Regarding complaints there is a process for making, responding and learning from complaints and Members regularly consider public reports on service complaints which go to Cabinet, the Cabinet Advisory Boards and also Audit & Governance which considered complaints as recently as 15 September.

Large contracts necessarily have to be awarded for a period of years and so service levels are more about contract management than simply about tendering and procurement. Improved service levels come from identifying and addressing problems and from working with contractors.”

Supplementary Question from Councillor Pope

“Are there improvements that you can see that can be undertaken on the monitoring of contracts because it does feel at times we allow things to go wrong for too long, what types of improvements can we see on the monitoring of contracts?”

Supplementary Answer from Councillor Dawlings

“Monitoring of contracts doesn’t actually fall to me and my portfolio, but if there are particular questions then these can be picked up with the portfolio holder and a written reply given.”

2. Question from Councillor Hamilton

“Can the Portfolio Holder for Sustainability please give an update on progress to date of the Climate Emergency Advisory Panel, including the number of meetings held, the attendance at meetings by representatives from the four political  ...  view the full minutes text for item FC21/20

To consider and, if thought fit, to approve the recommendations set out in the associated report.

Councillor March moved, and Councillor Woodward seconded, the recommendation set out in the report.

The Mayor took a vote on the motion by affirmation

RESOLVED – That Councillor Patrick Thomson be appointed Vice Chairman of the Overview and Scrutiny Committee for the remainder of the municipal year.

To consider and, if thought fit, to approve the recommendations set out in the associated report.

Councillor March moved, and Councillor Dawlings seconded, the recommendations set out in the report.

The Mayor took a vote on the motion by affirmation.

RESOLVED –

1.    That the impact of Covid-19, Brexit and abnormal costs on the delivery and fund raising strategies for the Amelia Scott project be noted;

2.    That the proposed additional capital contribution of £900,000 by KCC for delivery of the Amelia Scott project be noted;

3.    That the addition of £2,000,000 to the Council’s Capital Programme to deliver the Amelia Scott project and underwrite a further £275,000 for (NLHF funding) and delegate to the s151 Officer, in consultation with the Portfolio Holder for Finance and Governance, to determine the sources of funding to deliver the project be approved; and

4.    That authority be delegated to the Head of Economic Development and Property and the Head of HR Customer Service and Culture, in consultation with the Director of Change and Communities, the s151 Officer, the Monitoring Officer, the Portfolio Holder for Culture, Leisure and Economic Development and the Portfolio Holder for Finance and Governance, to enter into contract with the necessary contractors and suppliers and enter into all necessary legal agreements in order to deliver the Amelia Scott project.

To consider and, if thought fit, to approve the Motion as set out in the associated notice.

Councillor Dr Hall withdrew her motion with the intention that it be referred to the Chairman of Licensing for review and comment.

To consider and, if thought fit, to approve the Motion as set out in the associated notice.

Councillor Lidstone moved, and Councillor Morton seconded, the motion set out in the report.

Discussion on the motion included the following comments:

·         The Royal College of Physicians estimated that 40,000 deaths a year were linked to air pollution with car idling being a contributing factor.

·         One in every 16 deaths in South East England was linked to air pollution.

·         The impact of air pollution could be particularly harmful to vulnerable members of society, such as children, older people and those with existing heart and lung conditions.

·         There were a number of simple and cost effective actions that would limit the impact of idling vehicles, especially around schools.

·         The motion sought a recommendation for the introduction of no idling zones, particularly around schools.

·         The Road Traffic (Vehicle Emissions)(Fixed Penalty) (England) Regulations 2002 permitted Local Authorities officers to issue £20 Fixed Penalty Notices for idling.  The motion further recommendation the Council consider enabling its traffic enforcement officers the power to issue these fines.

·         An idling vehicle generated enough exhaust to fill up to 150 balloons in just one minute.

·         Tackling air pollution was already embedded into national policy and would be included in the Tunbridge Wells draft Local Plan.

·         3 sites in Tunbridge Wells exceeded the Borough’s mean annual Nitrogen Dioxide concentration of 40 micrograms per cubic metre; Pantiles London Road, Union House London Road and the crossroads in Hawkhurst. 

·         The introduction of anti-idling measures would promote Active Travel by reducing the number of cars being used for school travel and allow more walking and cycling. 

·         The Council needed to urgently roll out more cycle lanes and introduce measures to stop rat runs. 

·         Low Traffic Neighbourhoods had been introduced in all parts of London with a total of 141 schemes.  200 schemes across the country had either been planned or implemented.

Councillor Bailey moved, and Councillor Holden seconded, an amendment to delete all words and add “The Council reaffirms its commitment to improve air quality in our borough, especially around schools, and asks Cabinet to examine the viability of No Idling Zones and whether Council enforcement staff should be used to enforce the existing law against anti-social drivers who leave their engines running.”

Discussion on the amendment included the following comments:

·         Air pollution was a serious issue and one the Council was taking seriously.

·         The Council had one Air Quality Management Area in the Borough.  This was in St John’s and was due to the emissions being higher than the threshold that was acceptable by the Government. Air quality in the area  was improving and it was hoped that it would fall below the threshold in 2022.

·         Leaving engines idling was one part of the problem with scientists estimating that an idling car could create more emissions in 10 seconds than would be created by stopping and starting the engine.  Motorists had the ability to make a difference by switching their engine off when stationary.

·         The Council was already taking part in the Clean Air for Schools Campaign, which sought to raise  ...  view the full minutes text for item FC25/20

To consider any other items which the Mayor decides are urgent, for the reasons to be stated, in accordance with Section 100B(4) of the Local Government Act 1972.

There was no urgent business.

To authorise the Common Seal of the Council to be affixed to any contract, minute, notice or other document arising out of the minutes, or pursuant to any delegation, authority or power conferred by the Council.

Councillor Podbury moved, and Councillor Woodward seconded, the recommendation set out in the notice on the agenda.

The Mayor took a vote on the motion by affirmation.

RESOLVED – That the Common Seal of the Council be affixed to any contract, minute, notice or other document arising out of the minutes or pursuant to any delegation, authority or power conferred by the Council.

To note that the date of the next meeting is Wednesday 16 December 2020.

The next meeting was scheduled for Wednesday 16 December 2020.