Agenda and minutes

Agreed:- That Councillor Chris McGuinness of Doncaster Metropolitan Borough Council be appointed Chair of the Barnsley, Doncaster and Rotherham Joint Waste Board for the 2017/2018 Municipal Year.

Agreed:- That Councillor Emma Hoddinott of Rotherham Metropolitan Borough Council be appointed Vice-Chair of the Barnsley, Doncaster and Rotherham Joint Waste Board for the 2017/2018 Municipal Year.

In the absence of both the Chair and the Vice-Chair, it was agreed that Councillor G. Jones (Doncaster MBC) be appointed Chair of this meeting.

(Councillor Jones in the Chair)

There were no Declarations of Interest made at this meeting.

Consideration was given to the minutes of the previous meeting of the Barnsley, Doncaster and Rotherham Joint Waste Board, held on 27th January, 2017.

Agreed:- That the minutes of the previous meeting of the BDR Joint Waste Board be approved as a correct record for signature by the Chairman.

With regard to Minute No. 27(2) of the minutes of the previous meeting of the BDR Joint Waste Board, held on 27th January, 2017, it was noted that all of the required actions within the internal audit report 2015/16 had now been implemented, with the sole exception of the contract manuals.

The Barnsley, Doncaster and Rotherham Joint Waste Manager submitted a report stating that one of the contractual documents entered into between the Barnsley, Doncaster and Rotherham Local Authorities at financial close of the BDR Waste PFI project was an Inter-Authority Agreement (IAA). This IAA creates the Joint Waste Board (“JWB”) as a joint committee pursuant to Section 101(5) of the Local Government Act 1972, which is established as part of the joint working arrangements between the Local Authorities for the management and administration of what are termed Relevant Contracts under the IAA. At the date of today’s meeting, the BDR Waste PFI Contract is the only Relevant Contract to which the IAA applies and is referred to as the “Principal Contract”.

The submitted report detailed how the functions of this Joint Waste Board will be delegated down to the BDR Steering Committee and the BDR Manager in order to deal more efficiently with the day-to-day decisions that will be required under the Principal Contract. All decisions of the JWB, BDR Steering Committee and the BDR Manager will be made in accordance with the provisions of the prevailing Inter-Authority Agreement.

Agreed:- (1) That the report be received and its contents noted.

(2) That the Joint Waste Board notes that:-

(a) with the exception of the decisions reserved to the Local Authorities for a unanimous decision under the Inter-Authority Agreement, all other decisions in respect of the Principal Contract are delegated by the Joint Waste Board to the Authorised BDR Steering Committee Member;

(b) the Authorised BDR Steering Committee Member may elect to delegate certain decisions to the BDR Manager;

(c) the BDR Manager may delegate any decisions delegated to them to a member of the Joint Waste Team (if the right to delegate is granted by the Authorised BDR Steering Committee Member); and

(d) Barnsley Metropolitan Borough Council’s representative on the BDR Steering Committee will be the Authorised BDR Steering Committee Member for 2017/18. The Barnsley, Doncaster and Rotherham Joint Waste Manager submitted a report stating that one of the contractual documents entered into between the Barnsley, Doncaster and Rotherham Local Authorities at financial close of the BDR Waste PFI project was an Inter-Authority Agreement (IAA). This IAA creates the Joint Waste Board (“JWB”) as a joint committee pursuant to Section 101(5) of the Local Government Act 1972, which is established as part of the joint working arrangements between the Local Authorities for the management and administration of what are termed Relevant Contracts under the IAA. At the date of today’s meeting, the BDR Waste PFI Contract is the only Relevant Contract to which the IAA applies and is referred to as the “Principal Contract”.

The submitted report detailed how the functions of this Joint Waste Board will be delegated down to the BDR Steering Committee and the BDR Manager in order to deal more efficiently with the day-to-day decisions that will be required under the Principal Contract. All decisions of the JWB, BDR  ...  view the full minutes text for item 6.

•     Governance

•     Contract Delivery

•     Legal

·      Financial

•     Communications

•     Health and Safety

•     Resources

·      Other

The Barnsley, Doncaster and Rotherham Joint Waste Manager submitted a report which highlighted and updated the following issues relating to the Joint Waste Private Finance Initiative (PFI), for the period April 2016 to March 2017:-

-          Inter-Authority Agreement – reviewed and signed under seal on 27th September, 2016;

-          Senior Responsible Officer – Damian Wilson, Strategic Director, Regeneration and Environment, Rotherham MBC;

-          The Operating Contractor is appointing a new Contract Director exclusively for the BDR Project with effect from 10th July, 2017;

-          Shanks plc has completed the merger with the Van Gansewinkel Group and formed the new company “Renewi”;

-          Issues affecting the Bolton Road facility; the Ferrybridge facility; and the transfer station at Grange Lane, Barnsley;

-          Complaints;

-          Health and Safety;

-          Finance – the Operational Management Budget 2016/17;

-          Communications;

-          Awards – the BDR PFI project won the Best Energy from Waste Initiative category in the National Recycling Awards 2016;

-          Resources;

-          Waste Compositional Analysis, completed in March, 2017;

-          Shanks Corporate Social Responsibility Fund.

Agreed:- (1) That the BDR Manager’s report be received and its contents noted.

(2) That the BDR Joint Waste Project Annual Reports for 2017-2018 and for future years shall include details in respect of actual performance against the requirements of the Communications Plan.

(3) That the BDR Joint Waste Manager submit a report to the next meeting of this Joint Waste Board concerning the progress of the Waste Electrical and Electronic Equipment (WEEE) Re-use Scheme.

Discussion took place on the following issues:-

(1) Fire Design of the BDR Waste Treatment Facility

This Plan is being reviewed because of insurance requirements. Planning permission will be required to enable any works to be undertaken.

(2) Flies

The recent warm weather has resulted in an increase of flies. There have been a number of complaints associating the flies with the Bolton Road site. All complaints had been investigated, actions were being taken to minimise flies on site (eg: discussions with the Environment Agency; training staff to apply insecticide on site, instead of using a contractor; investigation of the bio-drying element because dry waste is not as attractive to flies as wet waste; minimising the amount of food waste).

The Barnsley, Doncaster and Rotherham Joint Waste Board considered the updated Waste PFI risk status report (risk register) which had been maintained during the various stages of the joint waste project. The report stated that thirteen risks are registered, with one to be added and another deleted since the last Joint Waste Board meeting held on 27th January, 2017.

The report stated that Risk 3 (Failure to Pay the Contractor on Time) has now been removed because systems are in place, are documented and have been working consistently during the past financial year.  Risk 14 (Insurance for the BDR Waste Treatment Plant is not available) has been added.

Agreed:- (1) That the updated information on the risk status report, as now submitted, be received.

(2) That the removal of Risk 3 from the risk register and the addition of Risk 14 to the BDR PFI risk register, as detailed in the report now submitted, be noted.

: if necessary, a meeting shall be held during September, 2017, on a date to be arranged.

: a further meeting to be held during December, 2017, on a date to be arranged.

: if necessary, a meeting shall be held during March, 2018, on a date to be arranged.

: the annual meeting is to be held on a date to be arranged during June or July, 2018.

Agreed:- (1) That the Barnsley, Doncaster and Rotherham Joint Waste Board shall continue to hold its meetings at intervals of three months, at the Town Hall, Rotherham, commencing at 2.00 p.m. and invitations be extended to the representatives of Sheffield City Council to attend these meetings.

(2) That the next meeting of the Barnsley, Doncaster and Rotherham Joint Waste Board be held on a date to be arranged during September, 2017 at the Town Hall, Rotherham, commencing at 2.00 p.m.