Agenda and minutes

Resolved: -  That Councillor Richard Russell, Cabinet Member for Waste and Emergency Planning, Rotherham Metropolitan Borough Council, be appointed Chairman of the Barnsley, Doncaster and Rotherham Joint Waste Board for the 2012-2013 Municipal Year.  

Resolved: -  That Councillor Cynthia Ransome, Cabinet Member for Communities; Street Scene; Environment Protection and Resource Recovery (Waste Management and Recycling), Doncaster Metropolitan Borough Council, be appointed Vice-Chairman of the Barnsley, Doncaster and Rotherham Joint Waste Board for the 2012-2013 Municipal Year.  

The minutes of the previous Barnsley, Doncaster and Rotherham Waste PFI Project Board meeting held on 3^rd April, 2012, were considered. 

Reference was made to Minute No. 3 (Joint Waste Board) and an amendment was requested in relation to the Deputies section.

It was noted that Councillor Cynthia Ransome’s nominated deputy to the Barnsley, Doncaster and Rotherham Joint Waste Board would be Councillor Paul Coddington, Doncaster Metropolitan Borough Council. 

Councillor Roy Miller’s nominated deputy to the Barnsley, Doncaster and Rotherham Joint Waste Board would be Councillor Sharon Howard, Barnsley Metropolitan Borough Council. 

Further to Minute No. 4 (Project Update) it was noted that the Barnsley, Doncaster and Rotherham Joint Waste Board would meet in the Rotherham Town Hall.  All other meetings relating to the Barnsley, Doncaster and Rotherham PFI Project would continue to meet in Riverside House. 

Resolved: -  That the minutes of the previous meeting be agreed as an accurate record for signature by the Chairman. 

·         BDR Manager’s Report;

·         Planning and Permitting update. 

The Barnsley, Doncaster and Rotherham Joint Waste Manager provided an update in relation to the ongoing progress of the project, following the Contract’s financial close.

There would be a challenge period, which would exist until 8^th August, 2012, where the contract could potentially be called-in. 

Resolved:-  (1)  That the report be received and its content noted. 

(2)  That a further report be presented to the next meeting of the Barnsley, Doncaster and Rotherham Joint Waste Board that outlines the risk register issues in relation to planning issues. 

• Corporate Communications and Marketing Manager, Commissioning, Policy and Performance, Resources Directorate, to report.  

The Barnsley, Doncaster and Rotherham Joint Waste Manager and Corporate Communications and Marketing Manager, Rotherham Metropolitan Borough Council, provided an update to the Joint Board on the communications strategy and the project’s communication action plan. 

The Barnsley, Doncaster and Rotherham Communications Group consisted of members of the Corporate Communications Teams of each of the three local authorities, and the Barnsley, Doncaster and Rotherham Manager.  The Group was developing a communication strategy that incorporated the key milestones of the project and a number of events would showcase the project to stakeholders. 

The event programme included: - 

• Ground breaking ceremony.
• Members’ Awareness raising sessions in each of the three authorities.
• A Local Business Networking event took place on 22^nd June, 2012, to share information about the new site, tendering processes for future contracts, and liaison with companies already involved in the development.
• Community events were being held on an ongoing basis, and would give local people the opportunity to engage with the project. 

Ongoing and future work would include: -

·         Press releases;

·         Review of  the website’s content;

·         Organisation of further community events;

·         Continued engagement with the local business representatives that attended the networking event.

Resolved: -  That the update be noted.

The Barnsley, Doncaster and Rotherham Joint Waste Board considered the Waste PFI Transition phase risk register. 

The document detailed the identified risks and displayed a current and targeted risk score based on the Red, Amber and Green method of risk reporting/mitigation. 

There was one Red rated risk section that related to the implications of the current permitting delay. 

Discussion ensued around the Red rated risk, and the Barnsley, Doncaster and Rotherham Joint Waste Board noted the following: -

• Progress of the permit;
• A letter received from the Environment Agency outlining the current position.

Resolved: -  (1) That the update be received and the content of the document be noted.

(2)  That further updates to the risk register include the anticipated end-date of the identified risks. 

The following items are likely to be considered in the absence of the Press and the Public as being exempt under Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 (as amended March 2006) (information relating to the financial or business affairs of any particular individual (including the Council)). 

Resolved: -  That the following items be considered in the absence of the press and public as being exempt under Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 (as amended March 2006) (information relating to the financial or business affairs of any particular individual (including the Council)). 

Consideration was given to the report presented by the Legal Adviser to the Barnsley, Doncaster and Rotherham Joint Waste Board, which outlined certain provisions of the Inter-Authority Agreement (“IAA2”) that had been signed by Barnsley, Doncaster and Rotherham Councils on 30^th March, 2012.

IAA2 provided for the creation of a Joint Waste Board and consideration was given to how the functions of the Joint Waste Board would be delegated to the Barnsley, Doncaster and Rotherham Steering Committee and the BDR Manager, to ensure that the day-to-day decisions required under the Waste PFI Contract could be discharged effectively.

The structure of the BDR Steering Committee was considered and included Assistant Director/Director level representatives from each of the three Councils.

Under IAA2, certain matters were reserved to the Authorities for a unanimous decision, but all other decisions were delegated to the Joint Waste Board. The Local Government Act 1972 did not permit the delegation of powers to be exercised jointly by a committee of officers.  It was therefore proposed that the Joint Waste Board should delegate its powers to one of the BDR Steering Committee officers (the “Authorised BDR Steering Committee Member”) who would then act in consultation with the others.  This officer could then in turn delegate certain functions to the BDR Manager.

Discussion ensued on the proposals and the following issues were raised:

• The role of Authorised BDR Steering Committee Member should rotate through each of the three Councils in turn;
• It would be necessary to ensure that the role of Authorised BDR Steering Committee Member and Chair of the Joint Waste Board were not the responsibility of the same Council during any one Municipal Year;
• The question of the delegation of functions to the BDR Manager would be subject to further consideration by Doncaster Council at its Cabinet meeting on 6^th August, 2012;
• All reputational issues should be referred to the members of the Joint Waste Board for information on an ongoing basis.

Resolved: -  (1)  That, with the exception of decisions reserved to the Authorities for a unanimous decision, all decisions in respect of the Waste PFI Contract be delegated by the Barnsley, Doncaster and Rotherham Joint Waste Board to the Authorised BDR Steering Committee Member, in consultation with the other Steering Committee members.

(2) That, subject to further consideration by Doncaster Council at its Cabinet meeting on 6^th August 2012, the Authorised BDR Steering Committee Member be authorised to delegate certain decisions to the BDR Manager.

(3)  That, subject to further consideration by Doncaster Council at its Cabinet meeting on 6^th August 2012, the BDR Manager be authorised to 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).

(4)  That all matters having the potential to damage the reputation of any of the Authorities be referred to the Joint Waste Board for information.

(5)  That the first Authorised BDR Steering Committee Member will be  ...  view the full minutes text for item 8.

Consideration was given to the report presented by the Barnsley, Doncaster and Rotherham Manager that demonstrated the forecast expenditure of the Barnsley, Doncaster and Rotherham Waste PFI Contract for the 2012/13 Financial Year. 

The report was considered and the following points were raised: -

• Financial planning: -
• All Local Authorities reported that their base budgets were likely to be reviewed through the ongoing process of public spending reductions;
• Long-term financial planning over years one to three;
• Reconciliation of the Barnsley, Doncaster and Rotherham contributions would take place on a quarterly basis;
• Identification and labelling where resources were provided on an ‘in-kind’ basis.
• Cost reductions. 

Resolved: -  That the update be received and the content noted. 

Nothing was raised under this item. 

• Tuesday 18^th September, 2012, 2.00 – 4.00 pm, Rotherham Town Hall;
• December, 2012; 
• March, 2013;
• June, 2013 – AGM.

Resolved: -  (1)  That the next meeting of the Barnsley, Doncaster and Rotherham Joint Waste Board be held on Tuesday 18^th September, 2012, to start at 2.00 pm in the Rotherham Town Hall. 

(2)  That the future meetings of the Barnsley, Doncaster and Rotherham Joint Waste Board take place on: -

·         Friday 14^th December, 2012, to start at 2.00 pm;

·         March, 2013, to be confirmed;

·         June, 2013, to be confirmed.