Agenda and minutes

The Leader welcomed visitors from the Japan Local Government Office, who were touring Medway to find out more about how local government worked.

The record of decisions from the meeting held on 20 April 2010 was agreed.

Councillor Jarrett declared a personal interest in agenda item 11 Gateway 3 Contract Award: A228 Stoke Crossing, as he had an interest in a company which owns adjacent land.

Councillor Filmer declared a personal and prejudicial interest in agenda item 11 Gateway 3 Contract Award: A228 Stoke Crossing because his company has business dealings with one of the tenderers and left the meeting for the duration of the discussion.

This report set out details of the new duty, as set out in the Local Democratic, Economic Development and Construction Act 2009, to establish a scheme for handling petitions and informing local people what action would be taken to address their concerns. It was noted that the 2009 Act had set standards and included the facility for electronic petitions.

A new scheme for handling petitions was set out in Appendix B to the report, which was largely based on the model scheme in the statutory guidance. It also incorporated recommendations from the Business Support Overview and Scrutiny Committee, which were set out in the report.

The scheme set out guidelines for submitting petitions, an explanation of what the council would do upon the receipt of a petition and the possible responses along with details of what the council would do when a petition was received. It also included an appeal facility if the response was considered inadequate by the petition organisers. Further details of the new provisions for petitions to call a full Council debate and for calling officers to account were set out.

Reasons:

To seek clarity on the government's future intentions for the duty for Councils to establish a scheme for handling petitions as set out within the Local Democracy, Economic Development and Construction Act 2009. Petitions would continue to be processed in line with the existing petition scheme as currently set out within the Constitution.

This report sought agreement to the re-establishment of seven Cabinet Advisory Groups to assist in the key areas of corporate parenting, the local development framework, the local transport plan, regeneration and the Council’s procurement arrangements.

These groups have no decision-making powers and consist of both executive and non-executive councillors. In some instances they also include external representatives.

The report set out details of the role of each group, their size and membership.

This report presented information on three vacancies that officers had requested approval to commence recruitment for, following the process agreed by Cabinet on 7 January 2003.

Reasons:

The posts presented to Cabinet support the efficient running of the Council.

This report set out the options appraisal for the procurement of the Connexions Services provision in Medway.

Members were advised that the existing contractual arrangement would end on 31 March 2011 and that it was proposed to tender externally for a new Connexions Contract that would run fromApril 2011 until March 2014. The report noted that the Connexions Services contributed to the priorities within the Medway Children and Young People’s Plan and that commissioning the delivery of Connexions Services was a contractual obligation for all education authorities that was funded by the government.

It was noted that the Procurement Board had considered this report on 12 May 2010 and supported the recommended open market procurement. 

An exempt appendix provided information relating to the budget provision and estimated costs for the contract.

Reasons:

The existing contract ends in March 2011. Going out to tender currently provides best value. The market for the provision of this service is currently strong. Young people will continue to receive an impartial, consistent and accessible service.

This report set out the options appraisal for a procurement process that would make improvements required by legislation and works intended to improve the facilities for service users at the Medway Crematorium.

It was noted that the Procurement Board had considered this report on 12 May 2010 and supported the recommended procurement option. 

An exempt appendix provided information relating to the budget provision and estimated costs for the contract.

 Reasons:

The provision of abatement equipment is required through legislation. The current cremators are coming to the end of their economic life and the chapel accommodation is too small for service users. There is also insufficient car parking space for current demand and additional car parking would be required as a condition of enlarging the chapels.

This report set out the options appraisal for the procurement of a new tree maintenance contract, to commence from July 2011 for a period of 5 years plus an extension, subject to performance and market suitability, for a period (or periods) of up to 2 years.

It was noted that the contract covered safety related work to deal with dead trees or branches, obstructions to roads, other tree hazards and an emergency response service. The contract also facilitated the completion of tree work to deal with legitimate customer requests for service and complaints.

It was noted that the Procurement Board had considered this report on 12 May 2010. In addition to recommendations concerning the treatment of inflation provision in the new tree maintenance contract, the Procurement Board had supported the recommended open market procurement option. 

An exempt appendix provided information relating to the budget provision and estimated costs for the contract.

Reasons:

By commencing procurement of the tree maintenance contract now, service continuity can be adequately planned and financial award decisions made through the 2011 budget setting process.

This report recommended the granting of delegated authority to the Assistant Director Housing and Corporate Services for the award of contracts for new Yellow Bus school transportation routes and supported bus service routes.

It was noted that the current contracts would expire in August 2010 and delegated authority to award the contracts, following consultation with the Procurement Board,would avoid any risk of the current contracts ending prior to the implementation of these new contracts.

An addendum report advised Members of the discussions and recommendations following a petition referral at the Regeneration, Community and Culture Overview and Scrutiny Committee meeting held on 1 June 2010. The Overview and Scrutiny Committee recommended that Cabinet note its strong support for the petitioners request to establish a bespoke bus service for children travelling between St Mary's Island and secondary schools in Chatham and Rochester. The Committee had also requested that Cabinet considers subsidising this route (even by way of yellow bus scheme) if no bus company had shown an interest in providing this service.

Reasons:

The breakdown of the 100% final score (detailed at point 5.1 of this report) for each of the tenders put forward for each bus service was devised to obtain the best quality vehicle and operation of service, for the best price and as close to the delegated budget as possible.

This report sets out the recommendations for the award of the contract for the construction of a bridge at the A228 Stoke Crossing.

Please note that there is an exempt appendix to this report which identifies the tenderers for the contracts and provides details of the procurement and evaluation processes. It is considered the need to keep this information exempt outweighs the public interest in disclosing the information.

Therefore, should Members wish to discuss the exempt appendix, the Cabinet is recommended to exclude the press and public as it contains commercially sensitive information under paragraph 3 of part 1 of Schedule 12A of the Local Government Act 1972.

Definition:

Paragraph 3: Information relating to the financial or business affairs of any particular person (including the authority holding that information).

This report sought approval to the award of a contract for the construction of a bridge at Stoke Crossing on the A228.

The Cabinet considered that the decisions set out below were urgent and should therefore not be subject to call-in. In line with rule 16.11 of Chapter 4, Part 5 of the Constitution, call-in could be waived where any delay likely to be caused by the call-in process would seriously prejudice the Council’s or the Public’s interests. It was noted that delays in obtaining the approvals would delay the start and that certain works, such as moving water voles to safe areas, were seasonal and could not be delayed. Members also noted that work needed to be planned and approved by the Environment Agency and delays to the start would put at risk the likelihood of committing all the Homes and Communities Agency (HCA) funding in the current financial year in accordance with the funding agreement. In addition, it was essential that methods of working near services and over the railway were clarified as soon as possible, so that there could be certainty prior to the steel being ordered; the costs of which were expected to rise.

It was noted that the Chairman of the Regeneration, Community and Culture Overview and Scrutiny Committee had agreed to call-in being waived on this issue.

Members were informed at the meeting that a funding agreement was in place to deliver this project that was signed by Government, as was the case with all projects. The money was awarded in March 2010 and the Council and Government had signed that agreement. It was also noted that all agreements state that funding was subject to funds being released by Parliament. Members were advised that, as of 8 June 2010, the council had not been made aware that the contract was not being honoured nor that Parliament had removed the funding for this project via the Homes and Communities Agency. Officers had contacted the Homes and Communities Agency on 8 June 2010, who had clarified that the situation had not changed since March 2010, as far as they are aware. On that basis this was within the Council's budgetary framework and prior to any award of the contract officers would ensure that funding remained in place.

A revised risk register was tabled at the meeting and an exempt appendix identified the tenderers for the contracts and provided details of the procurement and evaluation processes.

Reasons:

The decision to appoint the contractor who submitted the most economically advantageous tender will ensure that the project can proceed efficiently and  ...  view the full minutes text for item 43.

This report updated Cabinet on the contract performance/management of the Carers Support Service and Community Based Advisory Services for Carers.

The report highlighted that performance issues were being addressed by the Social Care Commissioning Team and Care Management colleagues and sought agreement for the continuation of these contracts, which were expected to run until 31 March 2012. Members were advised that the existing service specification for Carers Support Services (respite) had been varied in order to allow equity of hours and to accommodate the needs of those carers currently on a waiting list. 

It was noted that the Procurement Board on 31 March 2010 had considered and supported the recommendation as set out within the report.

Reasons:

The continuation of these services are vital in enabling vulnerable adults to remain independent within their community. It is widely recognised that the caring responsibility can place great pressure on the carer. Therefore providing services that support carers by giving them a meaningful break, or providing advice, information and support that is responsive to their specific needs is essential in supporting carers and relieving pressures of the caring role.