Agenda and minutes

To approve as a correct record and sign the minutes of the meetings of the Committee held on 28 February 2006 (attached) and 13 March 2006 (to follow).

            RESOLVED:

            That the minutes of the meetings of the Committee held on 28 February and 13 March 2006 be taken as read and signed by the Chairman as a correct record.

(Head of Research and Democratic Services) To declare interests in any item on this agenda.

No declarations of interest were made pursuant to the Council's Code of Member Conduct.

Section 100B(4)(b) of the Local Government Act 1972, together with paragraphs 6 and 25 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 urgent items of business for consideration at the meeting.

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 the public and press be excluded from the meeting for the item of business set out below on the grounds that it 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:

            Agenda            Subject                     Exempt Information

Item No                   Paragraph Number

            6            Waste Management            3 and 4

                        Contract

(Head of Environmental Services) To receive a report from officers on the latest position and to agree recommendations to be made to the Cabinet.

P Thornton and K Lee representing South Herts Waste Management (SHWM) attended the meeting.

Members and the representatives of SHWM discussed the current level of service and the number of complaints still being made by residents over the telephone regarding waste management issues including missed collections.

The attention of SHWM representatives was drawn to the expiry of the £300,000 performance bond required under the contract.  P Thornton accepted that the bond had expired and had not been renewed.  He advised that SHWM would not be renewing the bond but that the company proposing to acquire the waste management assets of SHWM would do so once the Council had agreed to the assignment of the contract to that company.  Members questioned P Thornton on this approach and pointed out that no decision had yet been taken by the Council to assign the contract.  Members also pointed out that the lack of a bond represented a breach of contract and the SHWM representatives agreed that was correct.

Members pointed out that this Committee was not a decision making body and that the proposal of SHWM would be reported to the Cabinet for a decision.

The SHWM representatives were invited to address the Committee in relation to the financial issues which they had raised with the Joint Chief Executive (Community Services).

P Thornton about resources put into the contract. He offered to provide the company's accounts for scrutiny including the accounts for 2004/05.  Members advised that the Cabinet would consider these matters.  The SHWM representatives left the meeting.

The Committee discussed all the issues, drew up a list of options available and the financial consequences and agreed on the option to be recommended to the Cabinet.

            RESOLVED:

            (1)            That the officers, especially D Marsh, Principal Team Leader (Waste), be thanked for their work in providing information to this Committee; and

            (2)            That the Chairman of this Committee submit a report to the Cabinet on 12 April 2005 summarising the issues considered by this Committee, providing a list of options now available to the Council and recommending the option favoured by the Committee.