Agenda, decisions and minutes

(Assistant to the Chief Executive) To declare interests in any item on this agenda.

There were no declarations of interest pursuant to the Council’s Code of Member Conduct.

Section 100B(4)(b) of the Local Government Act 1972, together with paragraphs (6) and (24) of the Council Procedure Rules contained in the Constitution require that the permission of the Chairman be obtained, after prior notice to the Chief Executive, before urgent business not specified in the agenda (including a supplementary agenda of which the statutory period of notice has been given) may be transacted.

In accordance with Operational Standing Order 6 (non-executive bodies), any item raised by a non-member shall require the support of a member of the Committee concerned and the Chairman of that Committee. Two weeks’ notice of non-urgent items is required.

It was noted that there was no other urgent business for consideration by the Cabinet.

Exclusion: To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Confidential Items Commencement: Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:  Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

RESOLVED:

That, in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the item of business set out below as it would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12(A) of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information:

The Leader of the Council highlighted that the Local Government (Access to Information) (Variation) Order 2006 required the Council to consider whether maintaining the exemption listed below outweighed the potential public interest in disclosing the information. The meeting was reminded that any member who felt that this test should be applied to any currently exempted agenda items should have contacted the proper officer at least 24 hours prior to the commencement of the meeting.

RESOLVED:

That the public and press be excluded from the meeting for the items of business set out below on the grounds that they would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972:

(Environment Portfolio Holder) To consider the attached report (C-083-2008/09).

(1)        That, at the request of Sita, a one-off payment in the sum of £65,000 be offered to Sita to assist in meeting exceptional fuel costs during 2008;

(2)        That this cost be included as District Development Fund expenditure within the 2009/10 budget;

(3)        That, in order to reflect changes to the tendered service, Sita’s claim for funding deficit payments in the sum of £40,167 per month be agreed at £18,500 per month from April 2009 until the introduction of the revised Waste Management Service;

(4)        That, following the public consultation, implementation of the first option for the revised Waste Management Service be agreed;

(5)        That the revised Waste Management Service be commenced as soon as practically possible in 2009, at an estimated cost of £668,170 per annum;

(6)        That Continuing Services Budget growth bids in the sum of £150,000 for 2009/10 and 2010/11 be made;

(7)        That provision for the procurement of the required vehicles, plant and equipment in the sum of £1,375,000 be included in the Capital Programme for 2009/10; and

(8)        That no charge be implemented for garden waste sacks but the availability of garden waste and dry recycling sacks throughout the District be urgently reviewed.

The Environment Portfolio Holder presented a report regarding the waste management service, and in particular the issues of contract stability payments, service development and interim arrangements for the garden waste service. Revised recommendations had been tabled by the Portfolio Holder at the meeting for the Cabinet’s consideration.

The Portfolio Holder stated that the issue of contract stability payments had arisen through the significant increase in the cost of fuel during the period January to November 2008 and the effects of that upon the financial performance of the contract. Sita UK had requested assistance from the Council in meeting the exceptional fuel costs and it was proposed to offer a one-off payment of £65,000 to be included as a District Development Fund item within the 2009/10 budget. In addition, the collection methodology for garden waste had been amended due to the increased amounts that had been collected and Sita UK had made a claim for funding deficit payments. Following negotiations with Officers, it was recommended that payments of £18,500 per month should be made to Sita UK from April 2009 until the introduction of the revised waste management service in the early autumn.

In response to questions from Members, the Portfolio Holder replied that the increase in fuel costs could not have been anticipated and that on the basis of the latest figures the Council was offering approximately half of the additional fuel costs incurred. The Director of Environment & Street Scene explained the indexation arrangements in place to determine the change in the contract price in November each year. If fuel prices were to reduce to their previous levels then the price of the contract would reduce accordingly. The Portfolio Holder added that these proposals were the result of discussions at the Waste Management Partnership Board on 13 January 2009 and that Sita UK would accept the proposals before the Cabinet if they were agreed.

Following the resolution of these issues, the two representatives from Sita UK were invited to join the meeting for the remainder of the discussion.

The Portfolio Holder reminded the Cabinet that, at its meeting in November 2008, it had received a report setting out core proposals for service change. At that time, the costs of the changes had not been fully developed and details of possible support funding from the County Council were awaited. These details were now available and a revised waste management service based upon an additional wheeled bin for garden waste plus kitchen and kerbside caddies for food waste had been proposed. In addition, there would be sacks for dry recyclables and a box for glass, but the biodegradable sacks currently used for green waste would be phased out of service. In the recent waste management consultation exercise, this option had been the most popular with over 35% of respondents in favour. The proposed revised waste management service had an estimated net annual cost of £668,170 for which Continuing Services Budget growth bids of £150,000 in 2009/10 and a further £150,000 in 2010/11  ...  view the full minutes text for item 132.