Agenda and minutes

Cabinet - Friday, 13 September 2013 2.00 pm

Venue: Sparkenhoe Committee Room, County Hall, Glenfield

Contact: Mr P Hitchings (Tel. 0116 305 6038)  Email: peter.hitchings@leics.gov.uk

Items
No. Item

29.

Minutes. pdf icon PDF 122 KB

Minutes:

The minutes of the meeting held on 9 July 2013 were taken as read, confirmed and signed.

 

30.

Urgent Items.

Minutes:

There were no urgent items for consideration.

 

31.

Declarations of interest.

Minutes:

The Chairman invited members who wished to do so to declare any interest in respect of items on the agenda for the meeting. 

 

Mr Pain CC declared a personal pecuniary interest in the Second Report of the Scrutiny Review Panel on the County Council’s Bus Coverage Policy as the owner of a taxi company (minute 34 below refers).

 

Mr Osborne CC declared a personal interest in respect of the 2013/14 Medium Term Financial Strategy Monitoring (Period 4) report as a Trustee of Bradgate Park (minute 36 below refers).

 

Mr Houseman CC declared a personal interest in respect of the development of a partnership agreement with the CCGs for lead commissioning arrangements and pooled budget for services for people with a Learning Disability as a member of the Leicestershire Learning Disabilities Partnership Board (minute 43 below refers).

 

32.

Change to the Order of Business.

Minutes:

The Chairman sought and obtained the consent of the Cabinet to vary the order of business from that set out in the agenda.

 

33.

Supported Accommodation for Older People in Leicestershire: Transfer of Nine Elderly Persons' Homes. pdf icon PDF 81 KB

Additional documents:

Minutes:

Consideration was given to a report of the Director of Adults and Communities requesting approval to extend the deferred payment arrangement with Leicestershire County Care Ltd (LCCL), to which the Council transferred nine Elderly Persons Homes (EPHs) as going concerns in September 2012.  A copy of the report, marked ‘K’, is filed with these minutes.

 

The Chairman welcomed Dr D Kanandar and Mr A Lumb of LCCL to the meeting.  Dr Kanandar had been invited to the meeting so that Members could question him about his intentions in respect of the deferred payment arrangements for the nine elderly persons homes transferred to his company in 2012.

 

Dr Kanandar reported that he had so far repaid 25% of the debt, had maintained the interest payments and had improved some of the homes.  Dr Kanandar added that he was confident that he would soon obtain a loan from his bank to enable him to repay the capital sum.  If this did not come to fruition, he thought a different bank would offer the loan, or, in extremis, he had offered a personal guarantee to meet the debt from his personal and other assets.  He felt that the County Council, his company (Leicestershire County Care Ltd.), the residents and their families were all benefiting from the arrangements.  The six homes which had been assessed to date by the Care Quality Commission had received good ratings, and the remaining homes were due to be considered shortly.

 

Dr Kanandar said that he fully expected to repay the capital sum by March 2014 in accordance with the deferred payment arrangements.  The Chairman advised Dr Kananda and Mr Lumb that the Cabinet would consider the matter again before 1 March and thanked them for attending the meeting.

 

The Cabinet also gave consideration to comments received from Mr Galton CC, submitted on behalf of the Liberal Democrat Group, a copy of which is filed with these minutes.

 

RESOLVED:

 

(a)       That the current arrangements for repayment of the capital sum due to the County Council, subject to payment of interest over Bank of England base rate, be continued to 31 March 2014;

 

(b)       That a further report be presented to the Cabinet, prior to 1 March 2014, setting out arrangements to secure repayment of the capital sum.

 

REASON FOR DECISION:

 

1.         The transfer of the EPHs as going concerns.

 

2.         Leicestershire County Care Ltd. (LCCL) is in the process of securing bank finance to settle the deferred consideration, which as a result of being able to demonstrate nearly 12 months trading history, increases the likelihood that this will be concluded shortly.  LCCLs continued commitment to settling the account is demonstrated by:

 

a)           payments of £225k in March 2013 and £500k in September 2013 to reduce the outstanding deferred amount;

 

b)                       regular and timely payment of monthly interest instalments to the Council;

 

c)           providing regular updates to officers on progress in securing bank finance to settled the deferred account.

 

d)           initial investment into the nine transferred EPHs to ensure their long term future.

 

34.

Second Report of the Scrutiny Review Panel on the County Council's Bus Coverage Policy. pdf icon PDF 218 KB

The report of the Scrutiny Review Panel on the County Council’s 95% Bus Coverage Policy is attached.  The report will be considered by the Environment and Transport Overview and Scrutiny Committee on 12 September 2013 and its comments will be reported to the Cabinet.

 

Additional documents:

Minutes:

(Having declared a personal pecuniary interest in this matter

Mr Pain CC withdrew from the meeting.)

 

The Chairman of the Scrutiny Review Panel on the County Council’s 95% Bus Coverage Policy, Mr D Jennings CC, presented a report setting out the findings of the Panel.  A copy of the Panel’s report, marked ‘B’, is filed with these minutes.

 

Mr Jennings CC described the work of the Panel, explaining that in relation to the supported bus network the Panel had found that the existing policy and ‘one size fits all’ approach and over-reliance on scheduled bus services had not worked in all cases and had meant some services represented poor value for money.  The Panel therefore proposed a new supported bus policy, and recommended that its proposals for each supported route be put forward for consultation with stakeholders with a view to the implementation of changes during 2014.

 

He thanked those members and officers who had been involved in the work of the Panel. 

 

Members noted that the proposed new supported bus policy provided a strategic fit with the objectives outlined in the Local Transport Plan 3.

 

The Cabinet also considered a minute extract of the Environment and Transport Overview and Scrutiny Committee which had considered the report at its meeting on 12 September.  A copy of the extract is filed with these minutes. 

 

The Chairman and other members thanked Mr Jennings CC and the Panel for the work they had undertaken.

 

RESOLVED:

 

(a)       That the findings of the Panel that in relation to the supported bus network the existing policy and the inflexible ‘one size fits all’ approach and over-reliance on scheduled bus services has not worked in all cases and has meant some services have low usage and represent poor value for money, be noted;

 

(b)       That in relation to the specific services currently in receipt of a subsidy the Panel’s proposals for each route set out in Appendices 1 to  10 of the report, together with detailed timetables, be put forward for consultation with bus users, County Councillors, parish and district councils and other stakeholders with a view to the implementation of changes during 2014 on the basis that any significant concerns raised during the consultation will be drawn to members’ attention (the Panel and Cabinet) prior to implementation;

 

(c)       That the proposed new supported bus policy, as outlined in paragraphs 18  and 19 of the report, be adopted as the new County Council policy for the supported bus network on the basis that it:-

 

1.     provides a strategic fit with the objectives outlined in the Local Transport Plan 3;

 

2.     seeks to meet, subject to the transport offer being affordable and demonstrating value for money, the ‘essential travel needs’ of Leicestershire residents as defined in paragraph 19 of the report;

 

3.     ensures that the whole transport offer is underpinned by clear Value for Money criteria;

 

(d)       That it be noted that the Panel proposes to meet again in October to consider how Demand Responsive Transport services could be developed further and how such services are to be introduced, publicised and promoted;

 

(e)       That the Director of Environment and Transport be requested to ensure that the recommendations of the Review are acted upon.

 

(KEY DECISION)

 

REASONS FOR DECISION:

 

1.            The existing policy and the inflexible ‘one size fits all’ approach and over reliance on scheduled bus services has not worked in all cases and has meant some services have low usage and represent poor value for money.

 

2.            The 2013/14 Medium Term Financial Strategy agreed by the County Council requires savings to be made on the budget for  ...  view the full minutes text for item 34.

35.

Response to Technical Consultations on the Local Government Finance Settlement for 2014/15 and 2015/16, the New Homes Bonus and the Local Growth Fund, and on proposals for the use of Capital Receipts from Asset Sales to Invest in Reforming Services. pdf icon PDF 167 KB

Minutes:

The Cabinet considered a report of the Director of Corporate Resources, the purpose of which was to seek approval for responses to technical consultations by the Government on the Local Government Finance Settlement for 2014/15 and 2015/16, the New Homes Bonus and the Local Growth Fund, and on proposals for the use of capital receipts from asset sales to invest in reforming services.  A copy of the report marked ‘C’ is filed with these minutes.   

 

RESOLVED:

 

(a)       That the draft response to the technical consultation on the Local Government Finance Settlement for 2014/15 and 2015/16, as set out in Appendix A to the report, be approved;

 

(b)       That the draft response to the technical consultation on the New Homes Bonus and the Local Growth Fund, as set out in Appendix B to the report, be approved;

 

(c)       That the draft response to the consultation on proposals for the use of capital receipts from asset sales to invest in reforming services, as set out in Appendix C to the report, be approved.

 

REASON FOR DECISION:

 

To respond to three key consultations on proposals that are expected to change the Local Government funding system significantly.

 

36.

2013/14 Medium Term Financial Strategy Monitoring (Period 4). pdf icon PDF 159 KB

Additional documents:

Minutes:

Consideration was given to a report of the Director of Corporate Resources which set out the 2013/14 revenue budget and capital programme monitoring position and sought approval to revisions to the capital programme and plans to utilise projected revenue underspends, a copy of which, marked ‘D’, is filed with these minutes.

 

The Cabinet also considered a minute extract of the Scrutiny Commission which had considered the matter at its meeting on 4 September.  A copy of the extract is filed with these minutes. 

 

RESOLVED:

 

(a)             That the 2013/14 revenue budget and capital programme monitoring position be noted;

 

(b)             That the following proposals, as detailed in paragraph 36 of the report, be approved as potential uses of the projected revenue underspend:

 

           Contribution of £250,000 towards Leicester Cathedral Gardens recognising that the Diocese covers the County and the links with Richard III.

           Contribution to activity in the County to support the City of Culture bid.

           Contribution to Bradgate Park Trust to purchase additional land (up to £60,000).

           Highways projects; subject to further assessment of individual schemes’ benefits.

           The balance of any underspend at the year end is used towards repayment of pension liabilities on the pension fund, or if this is not possible, to use the balance of any underspend to repay debt;

 

(c)             That the revised capital programme, as set out in Appendix 4 to the report, be approved.

 

(KEY DECISION)

 

REASONS FOR DECISION:

 

1.        To note the latest budget monitoring forecasts on the revenue budget for 2013/14 and to enable the projected revenue underspend to be utilised to fund a number of “invest to save” initiatives. The revised capital programme includes a review of the deliverability of schemes within the capital programme.

 

2.        The 2013/14 revenue budget and the capital programme for 2013/14 to 2016/17 were approved by the County Council at its budget meeting on 20 February 2013 as part of the Medium Term Financial Strategy (MTFS).  The MTFS is monitored throughout the financial year.

 

37.

Leicestershire Local Enterprise Fund. pdf icon PDF 149 KB

Minutes:

Consideration was given to a report of the Chief Executive seeking authority to appoint an external agency to deliver the Leicestershire Local Enterprise Fund.  A copy of the report, marked ‘E’, is filed with these minutes.

 

RESOLVED:

 

(a)       That progress to date on the procurement process to appoint an external agency to deliver the loan scheme for small businesses in Leicestershire be noted;

 

(b)       That authority be given to the Chief Executive to seek to appoint an appropriate and suitable external agency to deliver the Leicestershire Local Enterprise Fund on the basis set out in the report.

 

(KEY DECISION)

 

REASON FOR DECISION:

 

To delegate the decision on contracting delivery of the ‘Leicestershire Local Enterprise Fund’ so as to progress negotiations and commencement of operation as quickly and expediently as possible.

 

38.

Trading Standards Service Practical Arrangements for the Handling of Criminal/Civil Proceedings Involving More than One Local Authority. pdf icon PDF 96 KB

Additional documents:

Minutes:

Consideration was given to a report of the Chief Executive the purpose of which was to seek permission to put in place arrangements to enable the County Council to delegate functions to other local authorities and accept delegations from other authorities in relation to the institution of criminal and/or civil proceedings for breaches of legislation enforced by the Trading Standards Service.  A copy of the report, marked ‘F’, is filed with these minutes.

 

RESOLVED:

 

That, with regard to the function of instituting criminal or civil proceedings for breaches of legislation enforced by the Trading Standards Service, in order to address cases which cross local authority boundaries:-

 

(a)  the Chief Executive be authorised to enter into arrangements under section 101 of the Local Government Act 1972 with other local authorities, involving the delegation of the functions of the County Council set out in the Appendix to the report to such local authorities, in cases where he considers it will best serve the interests of justice and/or enable cases involving more than one authority to be pursued efficiently and effectively;

 

(b)  the County Council be recommended:-

 

                  (i)          to delegate authority to the Chief Executive to enter into arrangements under section 101 of the Local Government Act 1972 with other local authorities, involving the acceptance of the delegation of any of the functions set out in the Appendix to the report from such other local authorities, in cases where he considers it will best serve the interests of justice and/or enable cases involving more than one authority to be pursued efficiently and effectively: and

 

                (ii)          to delegate authority to the County Solicitor and Head of Regulatory Services or officers nominated by them to institute proceedings (civil and/or criminal) pursuant to any arrangements entered into under paragraph (b)(i) above.

 

REASON FOR DECISION:

 

To enhance the protection of Leicestershire residents and businesses, by facilitating the institution of legal proceedings, in cases which cross local   authority boundaries in respect of legislation where enforcement has been delegated to the Trading Standards Service. 

 

39.

Preventing Heritage Crime in Leicestershire. pdf icon PDF 65 KB

Additional documents:

Minutes:

The Cabinet considered a report of the Chief Executive seeking permission for the County Council to sign a Memorandum of Understanding, developed by English Heritage, on the prevention, investigation, enforcement and prosecution of Heritage Crime and to join the Alliance to Reduce Crime Against Heritage.  A copy of the report, marked ‘G’, is filed with these minutes.

 

RESOLVED:

 

That with a view to improving the co-ordination of responsibilities for investigating and prosecuting heritage crimes, it be agreed that the County Council:-

 

(a)          becomes a signatory to the Memorandum of Understanding on the prevention, investigation, enforcement and prosecution of Heritage Crime attached as Appendix A to the report; and

 

(b)          joins the Alliance to Reduce Crime Against Heritage (ARCH).

 

REASON FOR DECISION:

 

The County Council should join ARCH and become a signatory to the Memorandum of Understanding between English Heritage, the Association of Chief Police Officers and the Crown Prosecution Service, in their determination to work together to combat crime affecting Leicestershire’s historic and natural environment.  The participation of local authorities such as the County Council will help to improve the coordination of responsibilities for investigating and prosecuting heritage crimes.  All local authorities in Leicestershire have been asked to participate through the Leicestershire Together Environment Board. 

 

40.

UK City of Culture 2017. pdf icon PDF 141 KB

Additional documents:

Minutes:

Consideration was given to a report of the Chief Executive the purpose of which was to provide an update on the proposal by Leicester City Council to become the UK City of Culture 2017 and to recommend an approach for supporting the bid and the City of Culture programme.  A copy of the report, marked ‘H’, is filed with these minutes.

 

The Chairman welcomed the proposals as a good example of close partnership working, stating that the success of the bid would result in benefits for the City and County as a whole, particularly in respect of economic development.   

 

The Cabinet gave consideration to comments received from Dr Eynon CC, and comments from Mr Galton CC, submitted on behalf of the Liberal Democrat Group, copies of which are filed with these minutes.

 

RESOLVED:

 

(a)       That the current position with regard to Leicester City Council’s UKCoC bid be noted;

 

(b)       That the approach outlined in paragraphs 20-35 of the report be supported; given the benefits for the County Council and City Council of working together on the cultural programme;

 

(c)       That the likely economic impact of the City of Culture programme for the City and County be noted;

 

(d)       That a contribution from the County Council be offered to underwrite a proportion of up to £2 million of additional investment to support a successful bid and specifically to support the complementary cultural activity in the County, thereby to maximise economic and other benefits for Leicestershire.

 

(KEY DECISION)

 

REASON FOR DECISION:

 

To support Leicester City Council’s bid to become the UK City of Culture 2017; ensuring that opportunities for collaborative work with the City Council are maximised and to give the bid, which will reflect the history and attraction of the county, the best chance of success.

 

41.

Leicester Cathedral Gardens. pdf icon PDF 95 KB

Additional documents:

Minutes:

Consideration was given to a report of the Chief Executive which sought approval for a financial contribution towards a major landscaping scheme for the new Cathedral Gardens, and for an artwork commission the purpose of which would be to link Bosworth Battlefield with the Cathedral Gardens and the new Richard III Visitor Centre in Leicester.  A copy of the report, marked ‘I’, is filed with these minutes.

 

The Chairman welcomed the report as an example of the good working relationship between the County Council, City Council, Diocese and University of Leicester, noting that the Cathedral had strong links with the County as well as the City.

 

The Cabinet gave consideration to comments received from Dr Eynon CC a copy of which is filed with these minutes.

 

RESOLVED:

 

(a)    That the proposed landscaping scheme and commissioning of an artwork for the Cathedral Gardens, as outlined in paragraphs 12-19 of the report, be approved;

 

(b)    That the allocation of £250,000 to the scheme, as indicated in paragraph 6 of the report, be approved.

 

(KEY DECISION)

REASON FOR DECISION:

 

A contribution by the County Council of £250,000 to the Cathedral Gardens scheme recognises the role of the Diocese and Leicester Cathedral across the County and City, and the positive links between Bosworth Battlefield, the Cathedral and the new Richard III Visitor Centre.  The contribution will enable the Cathedral authorities to progress the overall scheme within the timetable agreed.

 

42.

Bosworth Battlefield Conservation Plan. pdf icon PDF 108 KB

Additional documents:

Minutes:

Consideration was given to a report of the Director of Adults and Communities which sought approval for a proposed Conservation Plan ‘Bosworth Battlefield: The Way Forward’ for the area of Bosworth Battlefield and support for the establishment of a local partnership to decide priorities for action in the area.  A copy of the report, marked ‘J’, is filed with these minutes.

 

Mr Ould CC, as Local Member, congratulated the officers on work they had undertaken with the various agencies and landowners involved.

 

The Cabinet gave consideration to comments received from Dr Eynon CC a copy of which is filed with these minutes.

 

RESOLVED:

 

(a)       That the Bosworth Battlefield Conservation Plan ‘Bosworth Battlefield: The Way Forward’, attached as Appendix A to the report, be approved; 

 

(b)       That support be given for the development of a local partnership to work with the County Council on matters such as rights of way, access and conservation issues, as outlined in paragraphs 16 to 18 of the report.

 

REASON FOR DECISION:

 

To enable a common framework to be in place for landowners and other local stakeholders to work towards developing a shared understanding of the area, its values and significance.  As well as dealing with current issues and concerns, such a framework with a proposed plan of action will help to secure a sustainable future for the Battlefield landscape.

 

43.

Development of a Partnership Agreement with East Leicestershire & Rutland & West Leicestershire Clinical Commissioning Groups for Lead Commissioning Arrangements and Pooled Budget for Services for People with a Learning Disability. pdf icon PDF 100 KB

Minutes:

Consideration was given to a report of the Director of Adults and Communities seeking permission to enter into a Partnership Agreement with East Leicestershire and Rutland and West Leicestershire Clinical Commissioning Groups.  A copy of the report, marked ‘L’, is filed with these minutes.

 

RESOLVED:

 

(a)       That the Director of Adults and Communities and the County Solicitor be authorised to negotiate and complete a Partnership Agreement, under Section 75 of the National Health Service Act 2006, between East Leicestershire and Rutland and West Leicestershire CCGs to allow the County Council to become Lead Commissioner and manager of the Pooled Budget, for agreed health and social care services for people with learning disabilities ordinarily resident in Leicestershire;

 

(b)       That it be agreed that the Partnership Agreement, referred to in (a) above, should run for a period of three years from 1 April 2013 to 31 March 2016, and include the possibility of a further extension to the Agreement for up to two years to 31 March 2018, if required.

 

(KEY DECISION)

 

REASON FOR DECISION:

 

The previous Agreement was held with the Primary Care Trust (PCT), NHS Leicestershire County and Rutland (LCR) and Rutland Council.  The PCT ceased to exist on 31 March 2013, and has since been replaced by two separate CCGs. It is therefore necessary to establish a formal Partnership Agreement so that the two CCGs can delegate NHS functions to the County Council and the Council can then continue to commission health services as part of the care packages for service users from 1 April 2013.

 

44.

Commissioning Arrangements for Probation Health Trainer Service for 2013/14 and from 1st April 2014. pdf icon PDF 93 KB

Minutes:

Consideration was given to a report of the Director of Public Health the purpose of which was to inform the Cabinet of the urgent actions taken by the Chief Executive to approve proposed arrangements for commissioning probation health trainer services and to seek authorisation for the Director to enter into the necessary legal arrangements.  A copy of the report, marked ‘M’, is filed with these minutes.

 

RESOLVED:

 

(a)       That the urgent action taken by the Chief Executive to approve an exception to the Contract Procedure Rules to enable the County Council to continue to fund probation health trainer services from Leicestershire Probation Trust for the period from 1 April 2013 to 31 March 2014, be noted;

 

(b)       That the urgent action taken by the Chief Executive to approve the delegation by the County Council to Leicester City Council of public health functions to the extent necessary to allow Leicester City Council to competitively tender for and commission probation health trainer services on behalf of itself and the County Council for a period of up to five years starting from 1 April 2014, be noted;

 

(c)       That it be noted that Rutland Council will also delegate the relevant functions to Leicester City Council to allow Leicester City Council to competitively tender for and commission probation health trainer services on its behalf for a period of up to five years starting from 1 April 2014; and

 

(d)       That the Director of Public Health be authorised, in consultation with the County Solicitor, to enter into the legal agreements with Leicester City Council and Rutland Council necessary to put in place the arrangements referred to in (b) and (c) above.

 

REASON FOR DECISION:

 

The County Council’s General Scheme of Delegation requires that any urgent action taken by the Chief Executive between meetings is reported to the next appropriate meeting of the body concerned.

 

45.

Review of Recycling and Household Waste Sites Outcomes from Public Consultation. pdf icon PDF 2 MB

Minutes:

The Cabinet considered a report of the Director of Environment and Transport outlining the findings of a public consultation and surveys at Recycling and Household Waste Sites and seeking approval to revise site opening times.  A copy of the report, marked ‘N’, is filed with these minutes.

 

The Lead Member, Mr Pain CC, explained that the consultation had been successful in engaging with the public, the County Council having received a total of 1660 responses.  The recommended changes had regard to these responses.  He expressed his thanks to those officers who had been involved in the consultation exercise.

 

The Cabinet also considered a minute extract of the Environment and Transport Overview and Scrutiny Committee which had considered the matter at its meeting on 12 September.  A copy of the extract is filed with these minutes. 

 

RESOLVED:

 

(a)       That the responses to the public consultation on proposals to amend the opening times at recycling and household waste sites (RHWS) across the County, and the Equality Impact Assessment in respect of these proposals, be noted;

 

(b)       That, subject to allowing reasonable time for statutory consultation by the contractors’ with their staff on the RHWS and variation of the contracts, new opening times for the RHWS with effect from 1 November 2013 be approved as follows:

 

                     (i)          from 1 April to 30 September each year, sites to be open 7 days per week from 9.00am to 7.00pm;

 

                    (ii)          from 1 October to 31 March each year, sites to open 5 days per week from 9.00am to 4.00pm. The 5 day pattern of opening to be arranged such that all sites are open at weekends and a proportion of the sites remain open each day for use by the public in the week;

 

                  (iii)          sites to continue to close on Christmas Day, Boxing Day and New Year’s Day.

 

(KEY DECISION)

 

REASON FOR DECISION:

The changes to the opening times of the sites will deliver the required savings as set out in the Medium Term Financial Strategy 2013.  In addition, as the current contract for the management and operation of thirteen RHWS was approved originally by the Cabinet in 2006, and the planned changes to opening times constitute a significant variation to this contract, under rule 30 (d) of the Council’s Contract Procedure Rules, the Executive must be informed.

 

46.

Items referred from Overview and Scrutiny.

Minutes:

There were no items referred from Overview and Scrutiny.

 

47.

Exclusion of the press and public.

The public are likely to be excluded during the following item of business in accordance with Section 100(A) of the Local Government Act 1972 -

 

Minutes:

RESOLVED:

 

That under Section 100A of the Local Government Act 1972, the public be excluded for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Act specified below and that, in all circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information -

 

Item                                                                            Paragraph nos.

 

Exception to Contract procedure Rules-                         3 and 10

Contract for Treatment of Waste Wood

 

48.

Exception to Contract Procedure Rules - Contract for Treatment of Waste Wood.

(Exempt under Paragraphs 3 and 10 of Schedule 12A)

 

Minutes:

The Cabinet considered an exempt report of the Director of Environment and Transport seeking permission to an exception to the Contract Procedure Rules in respect of a contract for the treatment of wood waste.  A copy of the report, marked ‘O’, is filed with these minutes. The report was not for publication by virtue of paragraphs 3 and 10 of Schedule 12(A) of the Local Government Act 1972.

 

RESOLVED:

 

(a)       That an exception to the Contract Procedure Rules be approved in respect of the contract for the treatment of wood waste for the reasons set out in the report;

 

(b)       That a contract be awarded to SITA UK Ltd for the treatment of wood waste for an interim period whilst the necessary full procurement process is carried out.

 

REASONS FOR DECISION:

 

1.         Due to guidance issued by the Environment Agency in June 2013 it became necessary to place an urgent order for the treatment of waste wood with SITA UK Ltd under Rule 5(b) (i) of the Council’s Contract Procedure Rules which allows for the Director of Environment and Transport to award a contract up to £100,000 in value.

 

2.         A full EU compliant procurement process has already been started with the placing of a notice in the Official Journal of the European Union in August 2013 and it is expected that a new contract will be in place by 1st April 2014. The total value of the current order with SITA UK Ltd will exceed £100,000 before this procurement process is complete and therefore the award of a contract to SITA UK Ltd requires Cabinet approval under Rule 5(b) (ii).