Meeting documents
Cabinet
Wednesday, 5th November, 2003
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Bath & North East Somerset Council |
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MEETING: |
Council Executive |
PAPER |
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DATE: |
3rd December 2003 |
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TITLE: |
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WARD: |
All except Bath |
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AN OPEN PUBLIC ITEM |
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List of attachments to this report: Appendix A - Summary Of Proposed Revised Parish Sweeping Scheme Appendix B - Parish Cleansing Partnership Agreement Appendix C - Calculations Appendix D - Summary of Report To December 2002 Council Executive Appendix E - Summary of work carried out by the Steering Group Appendix F - Summary of responses from Parish Councils |
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1 THE ISSUE
1.1 The Council currently operates a scheme which provides for some Parish Councils to undertake street cleaning on an agency basis. This report sets out a proposed revised scheme which would allow entry to the scheme for all Parish Councils and follows a review carried out in 2002 and extensive consultation with representatives of Parish Councils. The proposed scheme offers the opportunity, at no extra cost to this Council, to extend the scheme to Parishes who do not currently participate in the scheme at the same time as addressing the Best Value, probity, Health and Safety and other legal concerns of this Council.
1.2 The Parish Sweeping scheme in its revised format will encourage local ownership. It will be equitable and transparent whilst recognising the need to take account of economies of scale. It will provide value for money and, it is suggested, can provide a template for the devolution of other services to local councils in the future, thereby providing local choices for local people.
2 RECOMMENDATION
2.1 The Council Executive is asked to:
2.1.1 Agree to implement the proposed revised Parish Sweeping Agency scheme as set out at Appendix A to this report
3 FINANCIAL IMPLICATIONS
3.1 The current revenue budget (£92,184) for the Parish Sweeping Scheme held by Waste Services is based on the uptake and expenditure incurred from the previous financial year. This budget essentially covers the 29 Parish Councils who have historically participated in the scheme but does not include the cost of mechanical sweeping carried out within participating and non participating Parish Council areas or the cost (£64,696) of manual cleansing in the non participating Parishes.
3.2 The proposed scheme will limit payments to those Parish Councils who currently qualify as participants to a maximum of £90,541. Should all Parishes participate in the scheme in the future, the cost would not exceed £176,733.00 (based on current rates). This is equivalent to the cost of the existing scheme and the cost of this Councils workforce.
3.3 There would therefore be no overall increase in cost to the Council as the result of implementing the proposed scheme.
3.4 Costs will be incurred in carrying out the work required to implement the revised scheme. These (mainly officer salary) costs can be met from within existing budgets.
4 THE REPORT
4.1 A report considered by the Council Executive in December 2002 set out in detail the history and background to the Parish Sweeper Scheme. For ease of reference, the contents of this earlier report are summarised at Appendix D to this report.
4.2 The review of the existing Parish Sweeping Scheme carried out in 2002 concluded (as reported in to the December 2002 Council Executive) that there was a need to make changes to the scheme in order to make it equitable and allow all Parish Councils the opportunity to opt into the scheme. The Council Executive agreed in December 2002 to implement a revised scheme but this decision was revoked in March 2003 by the then Executive Councillor for Economic Development and Environment as Council resources were insufficient to implement the scheme by 1st April 2003. This afforded an opportunity to reconsider the details of the scheme with nominated representatives of the Parish Councils.
4.3 The March 2003 decision required that a Steering Group be set up to consider the concerns expressed by Parish Councils about the proposed revised scheme, seek to resolve them and report back to the Executive Councillor so that details of the revised scheme could be confirmed in time for Parishes to consider any impacts on their precepts for the 2004/5 Financial Year. Following discussions at the Parish Liaison Meetings, a Steering Group was formed, comprising three representatives of the Parish Councils and three Council officers.
4.4 A summary of the work carried out and conclusions of the Steering Group is shown at Appendix E to this report. Key conclusions underpinning the recommendation of this report are:
4.4.1 Parishes would operate on an agency basis and sign up to a revised pro forma Partnership Agreement (shown at Appendix B)
4.4.2 Funding should take account of the minimum unavoidable cost to a Parish Council of operating the scheme (i.e. the cost of employing staff). The calculations shown at Appendix C therefore provide a minimum payment of £2000 to each participating Parish, taking account of the first 1500 linear metres of sweeping in each Parish.
4.4.3 A review of the revised scheme should be carried out in Autumn 2004 and that, at that time, consideration could be given to the wishes of Parish Councils who do not currently participate in the scheme but who have expressed a wish to opt in.
4.4.4 If a Parish Council opts out of the scheme, the Council will undertake the work in accordance with the terms of agreement and payments set out in Appendix B.
4.5 Appendix C shows the suggested calculated "rates". This is then compared with the current cost and the funding which was proposed in the December 2002 report. The calculations assume that the participating Parish Councils will carry out all manual cleansing within the Zone 3 area* to the specification set out in the Agreement. Where a Parish Council wishes to carry out less than 100% of this work, an adjustment to the calculation (for the reduced area) will be made. This authority, however, would reserve the right to reject this option where this will increase the total cost to Bath & North East Somerset Council.
4.6 There will be a need to prepare individual agreements with those of the 29 currently participating Parish Councils who wish to participate in the proposed revised scheme and to provide appropriate advice on Health & Safety, Employment and technical matters as needed.
(* see Appendix B, 1 for explanation)
5 RATIONALE
5.1 The guiding principles underpinning the review were to ensure:
5.1.1 An equitable distribution of resources among the participating Parishes (where historically anomalies had been present);
5.1.2 An equitable distribution of resources between those Parishes who participate and those who, at present, do not;
5.1.3 Value for money for Bath & North East Somerset Council and its residents.
5.2 It is proposed that payment would be based on a calculation of the resources required for each Parish to be maintained to the specification laid down by this Council (i.e. the requirements laid down in the Environmental Protection Act Code of Practice on Litter & Refuse). This rate would hold good whether the work were to be done directly by this Council or devolved to a Parish. Anything over and above this standard (an enhanced standard) would be funded from Parish Council precepts. Controls would be introduced such that work done by the Parishes would be inspected to ensure that the minimum required standard is achieved.
6 OTHER OPTIONS CONSIDERED
6.1 Four main options for the future of the Parish Sweeping Scheme were considered in the report put to the Council Executive in December 2002. These were:
6.1.1 Stay As Now
6.1.2 Stay As Now but with extra controls
6.1.3 Cessation of the scheme
6.1.4 Retention of Scheme in Amended Form with extra controls
6.2 The recommended option was as 6.1.4 above and this was agreed by the Council Executive with the proviso that the new method of funding be phased in over a period of three years. The rationale for selecting this option is summarised within Appendix D.
6.3 The Steering Group worked from the assumption that the decision to select the option in 6.1.4 was binding and considered alternatives within this. More detail on the Steering Group's consideration of this and related issues are described in Appendix E.
7 CONSULTATION
7.1 A letter outlining the proposals contained in this report was sent to the Trades Unions on 12th November 2003. A précis of their comments is as follows;
· The proposed scheme is well thought out and contains clear guidance on what is expected by both parties
· There needs to be stronger emphasis in the terms of agreement with regard to the monitoring of employment and H&S issues
· The TUs would welcome the opportunity to be involved in the training and monitoring of staff.
· The scheme should not be seen as an opportunity to outsource this work through the back door.
A full copy of their response has been copied to Executive members.
7.2 The Steering Group contacted all Parish Councils in 2003 to establish the accuracy of data in each area and the three Parish Council representatives acted as liaison officers with participating Parish Councils throughout.
7.3 A presentation was made to the Parish Liaison Meeting on 23rd September 2003 updating them on progress to date and informing attendees that any comments would be required in time for this Council Executive meeting so that a decision could be made in good time for Parish Councils to set appropriate precepts for 2004/5
7.4 A letter outlining the proposals contained in this report was sent to all Parish Councils and Ward Councillors in all areas except Bath on 28th October 2003. Responses received before 19th November will be copied to all Council Executive members for information and any further responses received after that date will be reported to the meeting
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Contact person |
Matthew Smith 01225 477089 |
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Background papers |
None |
Summary Of Proposed Revised Parish Sweeping Scheme
This appendix describes the main features of the Parish Sweeping Scheme which it is proposed to implement from 1st April 2004.
1. Each participating Parish Council will sign up to the standard Parish Cleansing Partnership Agreement ("the Agreement") set out at Appendix B.
2. The Agreement will be appended by a map showing the Zone 3 areas in which the Parish Council will take responsibility for the manual sweeping services set out
3. A calculation showing the linear meterage within the Zone 3 area multiplied by the rates set out below will be appended to the Agreement and will be the basis on which monthly payments will be made to the Parish Council
4. Each individual Parish Council Agreement will be reviewed in autumn 2004
5. Only those Parish Councils who are currently eligible to participate will be eligible to do so from 1st April 2004
6. The remaining Parish Councils will be eligible to participate in the revised scheme from 1st April 2005 and their admission to the scheme will be subject to them meeting the requirements of the Agreement and providing there will be no additional cost incurred by Bath & North East Somerset Council.
7. The calculation of funding is as follows (as of April 2003, to be recalculated for inflation so as to be current as of 1st April 2004):
· A base of £2000 per annum will be paid for the first 1500 LM Zone 3 area cleansed (or where the Zone 3 area is less than 1500 LM in total).
· Additional annual payment of £0.20 per zone 3 linear meter cleansed for all areas after the first 1500 LM. This rate is calculated through subtracting the cost of the base payment above from the total existing cost of manual cleansing in the Parish Council Zone 3 areas (whether undertaken by Parish Councils or Bath & North East Somerset) and dividing the remaining sum by the total linear metres of the Zone 3 areas in the Parish Council areas minus the meterage accounted for in the base payment.
· The above standard rates are not negotiable. Details of the sums payable to each Parish Council are set out at Appendix C.
· The calculation as set out above assumes that the participating Parish Council will carry out all manual cleansing within the Zone 3 area to the specification set out in the Agreement. Where a Parish Council wishes to carry out less than 100% of this work, an adjustment to the calculation (for the reduced area) will be made. This authority, however, would reserve the right to reject this option where this will increase the total cost to Bath & North East Somerset Council.
· All mechanical sweeping of the above areas will continue to be undertaken by this authority
· Some Parish Council areas include "Zone 1 areas" which are required to be swept on a minimum frequency of once per day. An addendum will be made to the Agreement where this is the case and the Parish Council wishes to take on the responsibility for these areas at no overall extra cost to this authority. The rate payable will be calculated proportional to the rate calculated for Zone 3 area and will be £2.00 per linear metre per annum. No additional base payment will be made.
· All rates will be subject to annual review
Parish Cleansing Partnership Agreement
Terms of Agreement
1. Commencement Date
1 April 2004
2. Participants
Bath & North East Somerset Council (referred to as "the Authority" below)
and
xxxxxxxxxx Parish Council (referred to as "the Parish Council" below)
3. Document Control
a. Any changes to this document may only be made with the agreement of the Authority's Head of Direct Services or one of the other officers identified in paragraph 4 in consultation with an authorised officer of the Parish Council.
b. Any changes to policy issues will only be made following a Bath & North East Somerset Council Executive Member Decision.
4. Nominated Authority Officers
a. The following Authority officers are authorised to agree changes to this document or the local detail of the scheme, payment for which will be in accordance with the provisions of this Agreement:
Head of Direct Services,
Client Services Manager,
Assistant Enforcement Manager,
Enforcement Officer.
b. Overall responsibility for the scheme lies with the Head of Direct Services.
5. Scope of the work
In Zone 3 areas to carry out the work required as follows: -
a. The removal of all litter, debris, detritus, unwanted vegetation, glass, loose
chippings, animal and bird fouling, chewing gum, cigarette ends, and other
deposits including debris arising from grass cutting, trees, shrubs and other
plants situated on and adjacent to the areas covered by this Agreement.
b. The sweeping of roads.
c. The cleansing of pedestrian areas.
d. The removal of litter from bus and amenity shelters.
e. The sweeping under and around seats, litter bins, recycling banks and
other street furniture.
f. The control and removal of unwanted vegetation from hard surfaced areas.
g. The removal of leaf & blossom fall.
6. Standards to be met
a. To meet, as a minimum, the standards laid down in the Authority's specification as applied to the areas identified at the Schedule and Map (broadly as per the Environmental Protection Act 1990 Litter Code supplemented by minimum frequencies and items not covered in the litter code).
b. See Appendix A to this Agreement.
c. See also "Litter and the Law" leaflet attached.
7. Demarcation of Responsibilities
A Schedule and Map is at Appendix B to this Agreement which identifies the areas which are the responsibility of the Parish Council with an annual price (calculated as per the agreed rates) for each component at Appendix C to this Agreement.
8. Monitoring
a. The standards of cleanliness and operation will be monitored by the Authority's Enforcement Team to ensure that the specified standards are met and the agreed methods of working are adhered to.
b. Where some part of the cleansing is carried out by the Authority, this may be monitored by the Parish Council to ensure that the specified standards are met. Any shortfalls in service will be addressed as set out in para. 14 of this Agreement.
9. Enhancements
The Parish Council may opt to provide a higher standard (either using their own resources or purchased in) but this will be done at no additional cost to the Authority.
10. Requests for extra work/Transferring of responsibilities
a. Requests for extra work by Parish Council:
(1) The Parish Council may wish to take responsibility for cleansing areas extra to those originally agreed. These will be agreed where there is no increase in cost to the Authority and it is operationally viable. Outside of the pre-agreed responsibilities, extra responsibility may be added to the Agreement by agreement between the Parish Council and the Authority.
(2) The following procedure is to be followed:
a. The Parish Council will contact the Authority's nominated officer and formally request consideration of the addition of specifically detailed extra areas or functions within the scope of the Agreement. The Authority's nominated officer will assess the area and calculate the value which would be payable to the Parish Council if the work were to be added. The Authority's budget holder will calculate the financial and operational impact on the Authority's workforce should the work be transferred. If the responsibility can be transferred without detriment to the Authority's financial position, the Parish Council will be notified and the Schedule and Map supporting this Agreement will be revised.
b. Requests for extra work by the Authority:
Should the Parish Council wish to reduce the amount of work it carries out, a process similar to that outlined above is to be followed.
c. Transferring of Responsibilities:
(1) It is recognised that there may be periods when the Parish Council no longer wishes, or is not able, to carry out cleansing within their Parish due to difficulties in recruiting etc. If this situation arises, this transfer of responsibility to the Authority will be carried out in full consultation and agreement between the Parish Council and the Authority . Requests for a review (other than as part of the annual review detailed below) to establish options for changes should be made to the Authority `s Nominated Officer
(2) It is incumbent upon the Parish Council to inform the Authority as soon as possible if they are no longer in a position to carry out the work
11. Payment formula
Rates will be reviewed annually, taking into account any changes affecting the Agreement (e.g. specifications, zoning, funding and the level of participation).
12. Payment
There will be no need for the Parish Council to claim. Appendix C to this Agreement sets out the annual sum to be paid to the Parish Council. This sum will be paid over to the Parish Council in twelve equal monthly instalments each year, subject to meeting the terms of the Agreement.
13. Payment Review
The Agreement shall include a price variation mechanism, which will increase or decrease the rates dependant on the movement of the Retail Price Index (All Items) calculated on 1 April each year.
14. Communications
This will include visits every two months to the Parish Council by authorised Authority officers. These visits will be a means of jointly monitoring the standards achieved, including resolution of any shortfalls identified through monitoring (see para. 8). There will also be communication through the "cluster group" meetings
15. Responsibilities of the Parish Council
The Parish Council is not permitted to sub-let any of the works or responsibilities detailed in this Agreement without the written approval of the Head of Direct Services. This will only be granted where the contractor has been accepted onto the Authority's Approved Suppliers Register.
The responsibilities of the Parish Council in respect of this Agreement are:
(1) To maintain the standards laid down.
(2) To undertake risk assessments that evaluate the risks arising from known hazards, and which outline measures that will be implemented to control those risks.
(3) To provide Method Statements setting out how the work will be done and the arrangements in place to ensure that all legal obligations are met, including
Employment Issues, including, where applicable:
Employment of young persons.
Equalities.
Notification of appointment/termination to B&NES Council.
Notification to the Inland Revenue and DHSS.
Compliance with all Employment legislation.
Compliance with all Health and Safety legislation.
Supply of protective clothing, equipment and any materials as necessary (to be supplied by the Authority at cost).
Cover for absence.
(4) Arrangements for the disposal of any waste to a pre agreed collection point or authorised site.
(5) Nomination of a Parish Council representative to liaise with an authorised Authority Officer in respect of work carried out.
16. Default
If any of the above categories/criteria outlining the Parish Councils responsibilities are not met, including (but not limited to) standards of cleanliness, Health & Safety requirements, or Employment issues, the Authority reserves the right to withhold the payments being made and agree remedial action.
17. Responsibilities of the Authority
The responsibilities of the Authority in respect of this Agreement are:
(1) To assist with and advise the Parish Council on working methods and method statements setting out how the work will be done and the arrangements in place to ensure that all legal obligations (including employment issues) are met.
(2) In addition, the Authority will provide and meet the costs of the following services in support of the Agreement:
Graffiti removal from the Authority's property
Areas of cleansing outside the scope of the work included in this Agreement
Disposal of waste from litter bins on a twice-weekly frequency where necessary
Washing of litter bins
Collection of arisings from the work carried out under this Agreement from pre agreed collection points in the Parish
Disposal of animal carcasses
Disposal of fly tipping
Disposal of clinical & hazardous waste following requests to the Authority's Action Line
Recovery and disposal of abandoned and burned-out vehicles
Supply of bags to the Parish Council on request
The emergency cleansing of roads following an accident
18. Form of Agreement
This Agreement made this ......... day of ....................... 2003/2004
Signatories
For xxxxxxxxxxxxx Parish Council:
Name .......................................
Signature ..................................
For Bath & North East Somerset Council:
Name .............................. (Authorised Officer)
Signature ..................................
APPENDIX 1
Code of Practice on Litter and Refuse (which accompanies the Environmental Protection Act 1990).
Cleanliness standards
No litter or refuse, known as grade A.
Predominantly free of litter and refuse apart from small items, known as grade B.
Widespread distribution of litter and refuse with minor accumulations, known as grade C.
Heavily littered with significant accumulations known as grade D.
Zones
Each area is zoned under its land usage and volume of traffic. It will be for the Authority to allocate geographical areas to particular zones.
Zone 3
So far as is practicable, in low density residential areas (containing for example detached and semi-detached houses), other public car parks, other transport centres and areas of industrial estates grade A should be achieved after cleansing. If this falls to grade C, it should be restored to grade A within 12 hours and if it falls to grade D it should be restored to grade A within six hours.
To achieve this standard the Authority has laid down a minimum frequency for Zone 3 areas of one sweep per fortnight where necessary.
APPENDIX 2
Schedule and Map relating to xxxxxxxxx Parish Council.
[To be included after agreement between the Authority and xxxxxxxx Parish Council]
APPENDIX 3
Payment by the Authority to xxxxxxxxx Parish Council.
[To be included after the payment formula has been determined]
Calculations
This appendix summarises the calculation of funding to Parish Councils using the formula proposed in the report.
1) Existing Costs
(a) Manual sweeping of non participating Parish Zone 3 areas @ £64,696.00
(b) Parish sweeper costs (potential claim - see calculation below) @ £102,967.28
(c) Total cost of existing arrangements (a) + (b) above = £167,663.28
2) Proposed Scheme
(a) Cost of revised scheme based on all 29 Parishes participating (Zone 3 only) @ £89,141.40
(b) Cost of revised scheme based on all 29 Parishes participating (Zone 1 only) @£1,400.00
(c) Cost of revised scheme based on all 29 Parishes participating (Zone 1 only) = £90,541.00
(d) Cost of revised scheme if all Parishes participate (Zones 1 & 3) @ £176,773.00
(Note this figure is higher than 1(c) above due to using the proposed rate of .20p per linear metre, this rate was calculated prior to the inclusion of the Parishes of Dunkerton, North Stoke and Norton Malreward and includes zone 1 costs of £1400)
3) Calculation of revised payments
(a) Total existing spend / liability @ £167,663.28
Minus £2000 for the first 1500LM in Parishes x 46 Parishes (£92,000) = £75,663.28
(b) Total area (Zone 3 in Parishes) = 485,250LM
Minus first 1500LM in each Parish x 46 Parishes = (66,502LM) = 418,748
(c) Calculation of rate = Product of (a) divided by product of (b) rounded to nearest penny = £0.18 per LM
(Note this rate (.18p) is less than the proposed rate of (.20p) due to the inclusion of zone 3 areas in the Parishes of Dunkerton, North Stoke and Norton Malreward)
4) Comparison of payments
In the table shown on the next page, the columns show the following information:
Column 1 - Parish Council name. Only those Parish Council areas which include Zone 3 areas are included as other Parish Councils would not qualify
Column 2 - Parish Councils identified as having zone 1 areas (linear metres)
Column 3 - Proposed payment for zone 1 areas @ £2 per linear metre
Column 4 - Zone 3 area (linear metres) - the total measurement of Zone 3 area within the Parish
Council boundary (regardless of how cleansed - i.e. whether manual or mechanical)
Column 5 - Current allocation of hours per week - the allowance provided to the Parish Council based on the existing Parish sweeper scheme. This forms the basis of the existing potential payment to those Parish Councils who participate in the existing scheme
Column 6 - Existing potential claim (based on hrs per week multiplied by hourly rate of £5.47) - this shows the annual sum which each participating Parish Council could claim according to the formula. Not all Parish Councils claim the maximum but some have been paid more than the figure shown. This is the sum which this Council currently needs to provide for within the revenue budget (i.e. £102,967) - compare with columns 7 and 8
Column 7 - Proposed payment @ £2000 for first 1500LM and unit rate of 0.20p after including payments for zone 1 where applicable (refer to column 3) - this is the amount which each Parish Council would be entitled to if they participate in the proposed scheme. The current participants would receive £89,141.40 for zone 3 only (compare with funding in 2002 report column 8)
Column 8 - Funding proposed in 2002 report (ref Appendix H in 2002 report) - for the purposes of comparison, this column shows what the participating Parish Councils would have received if the 2002 recommendation had been implemented. A total of £50,040 would have been distributed if all participated
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1) Parish Council (showing only those Parish Councils with designated Zone 1 or 3 areas) |
2) Parishes with Zone 1 Areas LM |
3) Proposed payment for Zone 1 areas @ £2 per LM |
4) Zone three Area (linear metres) |
5) Current allocation of hrs per week |
6) Existing potential claim (based on annual hrs multiplied by hourly rate) |
7) Proposed payment @ £2000 for first 1500lm and unit rate of 0.20p after including Zone 1 where applicable |
8) Funding proposed in 2002 report (Appendix H) |
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Bathampton |
0.00 |
£ - |
10,912.00 |
12 |
£3,413.28 |
£3,882.40 |
|
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Batheaston |
150.00 |
£300.00 |
16,864.00 |
21 |
£5,973.24 |
£5,372.80 |
£4,278.79 |
|
Bathford |
0.00 |
£ - |
8,212.00 |
12 |
£3,413.28 |
£3,342.40 |
|
|
Stowey Sutton |
0.00 |
£ - |
5,443.00 |
10 |
£2,844.40 |
£2,788.60 |
|
|
Cameley |
0.00 |
£ - |
5,963.00 |
12 |
£3,413.28 |
£2,892.60 |
£1,929.93 |
|
Camerton |
0.00 |
£ - |
7,190.00 |
10 |
£2,844.40 |
£3,138.00 |
£3,170.20 |
|
Chew Magna |
100.00 |
£200.00 |
7,852.00 |
16 |
£4,551.04 |
£3,470.40 |
£2,137.51 |
|
Chew Stoke |
0.00 |
£ - |
5,738.00 |
10 |
£2,844.40 |
£2,847.60 |
£1,676.83 |
|
Claverton |
0.00 |
£ - |
1,456.00 |
£ - |
£2,000.00 |
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Clutton |
0.00 |
£ - |
6,303.00 |
12 |
£3,413.28 |
£2,960.60 |
£2,679.51 |
|
Combe Hay |
0.00 |
£ - |
1,449.00 |
10 |
£2,844.40 |
£2,000.00 |
|
|
Compton Dando |
0.00 |
£ - |
2,564.00 |
10 |
£2,844.40 |
£2,212.80 |
£1,333.27 |
|
Compton Martin |
0.00 |
£ - |
4,153.00 |
10 |
£2,844.40 |
£2,530.60 |
|
|
Corston |
0.00 |
£ - |
3,887.00 |
10 |
£2,844.40 |
£2,477.40 |
£2,214.55 |
|
East Harptree |
0.00 |
£ - |
5,179.00 |
10 |
£2,844.40 |
£2,753.80 |
£1,900.62 |
|
Englishcombe |
0.00 |
£ - |
1,475.00 |
10 |
£2,844.40 |
£2,000.00 |
£444.47 |
|
Farmborough |
0.00 |
£ - |
5,667.00 |
10 |
£2,844.40 |
£2,833.40 |
£1,885.69 |
|
Farrington Gurney |
0.00 |
£ - |
4,389.00 |
£ - |
£2,577.80 |
||
|
Freshford |
0.00 |
£ - |
6,274.00 |
12 |
£3,413.28 |
£2,954.80 |
£1,121.20 |
|
High Littleton |
100.00 |
£200.00 |
11,026.00 |
16 |
£4,551.04 |
£4,105.20 |
£2,227.57 |
|
Hinton Blewett |
0.00 |
£ - |
3,377.00 |
£ - |
£2,375.40 |
|
1) Parish Council (showing only those Parish Councils with designated Zone 1 or 3 areas) |
2) Parishes with Zone 1 Areas LM |
3) Proposed payment for Zone 1 areas @ £2 per LM |
4) Zone three Area (linear metres) |
5) Current allocation of hrs per week |
6) Existing potential claim (based on annual hrs multiplied by hourly rate) |
7) Proposed payment @ £2000 for first 1500lm and unit rate of 0.20p after including Zone 1 where applicable |
8) Funding proposed in 2002 report (Appendix H) |
|
Hinton Charterhouse |
0.00 |
£ - |
3,469.00 |
10 |
£2,844.40 |
£2,393.80 |
£1,373.25 |
|
Kelston |
0.00 |
£ - |
1,618.00 |
£ - |
£2,023.60 |
||
|
Marksbury |
0.00 |
£ - |
2,966.00 |
£ - |
£2,293.20 |
||
|
South Stoke |
0.00 |
£ - |
8,438.00 |
10 |
£2,844.40 |
£3,387.60 |
£3,957.13 |
|
Monkton Combe |
0.00 |
£ - |
3,811.00 |
10 |
£2,844.40 |
£2,462.20 |
£1,133.59 |
|
Nempnett Thrubwell |
0.00 |
£ - |
2,925.00 |
£ - |
£2,285.00 |
||
|
Newton St Loe |
0.00 |
£ - |
2,949.00 |
10 |
£2,844.40 |
£2,289.80 |
£257.34 |
|
Paulton |
200.00 |
£400.00 |
19,535.00 |
27 |
£7,679.88 |
£6,007.00 |
£5,211.32 |
|
Peasdown St John |
0.00 |
£ - |
24,468.00 |
£ - |
£6,593.60 |
||
|
Publow |
0.00 |
£ - |
6,417.00 |
10 |
£2,844.40 |
£2,983.40 |
£1,406.07 |
|
Priston |
0.00 |
£ - |
2,031.00 |
£ - |
£2,106.20 |
||
|
Saltford |
0.00 |
£ - |
16,821.00 |
24 |
£6,826.56 |
£5,064.20 |
£3,190.09 |
|
Shoscombe |
0.00 |
£ - |
5,399.00 |
£ - |
£2,779.80 |
||
|
Stanton Drew |
0.00 |
£ - |
5,054.00 |
£ - |
£2,710.80 |
||
|
Swainswick |
0.00 |
£ - |
2,594.00 |
£ - |
£2,218.80 |
||
|
Timsbury |
0.00 |
£ - |
10,108.00 |
17 |
£4,835.48 |
£3,721.60 |
£2,093.65 |
|
Ubley |
0.00 |
£ - |
3,550.00 |
11 |
£3,128.84 |
£2,410.00 |
£986.90 |
|
Wellow |
0.00 |
£ - |
2,994.00 |
10 |
£2,844.40 |
£2,298.80 |
£2,399.88 |
|
West Harptree |
0.00 |
£ - |
4,262.00 |
£ - |
£2,552.40 |
||
|
Whitchurch |
150.00 |
£300.00 |
4,888.00 |
10 |
£2,844.40 |
£2,977.60 |
£1,031.45 |
|
Norton Radstock |
0.00 |
£ - |
170,752.00 |
£ - |
£35,850.40 |
||
|
Keynsham |
0.00 |
£ - |
50,148.00 |
£ - |
£11,729.60 |
||
|
Dunkerton |
0.00 |
£ - |
2,122.00 |
£ - |
£2,124.40 |
||
|
North Stoke |
0.00 |
£ - |
1,005.00 |
£ - |
£2,000.00 |
||
|
Norton Malreward |
0.00 |
£ - |
1,553.00 |
£ - |
£2,010.60 |
||
|
£1,400.00 |
485,250.00 |
£102,967.28 |
£176,773.00 |
£50,040.81 |
REVIEW OF THE PARISH SWEEPING SCHEME
Summary of Report To December 2002 Council Executive
This Appendix sets out, for ease of reference, a summary of the contents of the report presented to the December 2002 meeting of the Council Executive. It is not a comprehensive summary and readers are referred to the Council's web site where a full version of the report and appendices is available.
SUMMARY
The Best Value Review (BVR) of Waste Services (July 2002) requires that we "consider options for the future of Parish Sweeper Scheme to ensure economy and effectiveness are balanced against customer expectations and equity".
The purpose of the review of the scheme was to identify the current arrangements and the preferences of the Parishes and to establish whether the scheme should be continued and, if so, in what form to ensure that this Council obtains good value for money.
The review, summarised in the 2002 report, recommended the introduction of revised agreements based on clear principles which encourage partnership working (avoiding any confusion of the roles being undertaken by this Council and the participating Parish Councils) and proper controls which ensure that this Council's expenditure and Duty of Care is monitored and controlled.
The report concluded that the scheme could not continue in its existing form and proposed a partnership of joint working to deliver these services in the future.
RECOMMENDATIONS
That the Executive:
Agree to implement Option 4 with effect from 1st April 2003
Instruct officers on any transitional arrangements to be put in place
CURRENT POSITION
Wansdyke District Council introduced the Parish Council Agency Cleaning Scheme in January 1990 in order to supplement the District Council's own cleansing service. Out of 42 eligible Parishes, 29 currently participate in the scheme in one form or another. There is no equivalent arrangement in Bath or in the Town Council areas
The Audit Commission's inspection report on the BVR said of the proposal to review the scheme that "We believe the Council is handling this in an appropriate manner. The Council has acknowledged that the scheme is inequitable in nature as it only applies to 29 parishes in the rural area and not at all in Bath. The Council pays the parishes on a monthly basis for providing the service. There are no explicit performance standards - the scheme is controlled by the parishes with no formal monitoring arrangements in place from the Council. However, the scheme is highly valued by people in the parishes where it is operating." The Council's Internal Audit's view is that "the current system does not contain an adequate level of control and resources are not being used in the most cost effective manner".
There is a lack of evidence of compliance with legal obligations such as general employment and Health and Safety at Work regulations and that this Council's insurance requirements are being adequately met. This Council has a duty to ensure that all agents working on its behalf adhere to these requirements. The only checks currently carried out by this Council are concerned with cleaning standards against the Environmental Protection Act requirements - these do not specifically monitor the activity of Parish Sweepers .The current situation is a high risk to all parties and these concerns are shared by a number of the participating Parish Councils.
The Parish Sweeping Scheme provides local part-time employment opportunities. There is, however, no guarantee that the terms and conditions of those employed are equivalent to those agreed by this Council or that other employment considerations (such as this Council's requirement that all agents adhere to our standards on equalities matters) are satisfactory.
Not all of the expenditure incurred in the scheme appears to be good value to this Council - high rates are charged by sub-contractors and some Parishes carry out work which is not required for cleansing purposes.
Funding of the scheme is related to the population of the Parish rather than an assessment of the "market" cost of cleansing.
The street cleaning service specified by this Council broadly consists of cleaning all street and public areas and emptying all litterbins within the whole area of the authority. The standard of cleaning to be achieved must meet all the requirements of Part IV of the Environmental Protection Act 1990 and the Code of Practice on Litter and Refuse.
The standard of cleanliness in the Parishes which participate in the scheme is often higher than the specified standard set by this Council.
BACKGROUND AND LEGAL FRAMEWORK
The report described the history of the scheme from Wansdyke District Council days and changes made over time.
Details of the scheme were set out.
When first joining the scheme, the participating Parish Councils were allocated a number of hours based upon the population of the Parish, set out in the Community Charge Register.
There is a widely held view that there is duplication within the current arrangements. This may be founded on the belief that this Council is paying twice for the same areas to be cleaned. This appears to over-simplify the true position however. When the work was priced by Direct Services, this would have been in full knowledge of the existence of the Parish Sweeper Scheme and it would appear that the tendered price made assumptions that the Parish sweepers would remain. Moreover, the concept of treating the charges made by Direct Services as a contract price from which reductions can be made takes no account of the costs which might accrue to the Council as a result of reducing the work required (e.g. redundancy costs and a reduced return to the Council from Operations).
The current situation is that the Parishes arrange cleansing in their area to the standards they require. This Council's staff also carry out work in these parishes. Some of this is well-defined (e.g. mechanical sweeping of gulleys) but demarcation of responsibilities is generally poor. This leads to comments being made that the directly employed staff of this Council do not carry out the work required of them. This has, in places, come about as the result of the Parish Sweepers being present (i.e. this Council's staff do not sweep areas which they know are being maintained by the Parish Sweepers) and indicates a need for greater clarity about who is responsible for what in each area.
CONSULTATION WITH THE PARISH COUNCILS
Details of the consultation process with Parish Councils were set out
The comments provided by the Parish Councils indicate inconsistencies in the way that the scheme is operated. For example, one Parish Council uses funding from the scheme to meet the costs of cutting grass which is the responsibility of the Parish. Another has purchased grass cutting equipment using funds from the scheme.
The participating Parishes consider that a higher standard of cleaning is being achieved than would be the case if B&NES solely provided the service. The benefits of devolution of the responsibility for cleansing to Parishes are clearly seen, local ownership ensuring a high level of cleanliness.
There was a general view amongst participating Parishes that the option to remain in the scheme should be retained.
CURRENT EXPENDITURE
Details of existing expenditure were set out
ISSUES ARISING FROM THE REVIEW
A number of issues surrounding the scheme need to be considered in deciding whether to continue as now or amend the arrangements. These were detailed in a separate appendix.
Benefits of the scheme include the support of Parishes for continuation and the high level of cleanliness achieved whilst cessation of the scheme may incur the Parishes in costs related to redundancy (the validity of this would need to be verified).
There are however problems with the scheme which would have to be addressed if it is to continue. These include inequality of funding, duplication, inequality of service across this Council's area, affordability, staffing issues, a lack of probity controls, an absence of formal controls and inconsistent application of the scheme.
OPTIONS FOR THE FUTURE
A number of options for the future of the Parish Sweeper scheme were considered. These were:
Option1 Stay As Now
Option 2 Stay As Now but with extra controls
Option 3 Cessation of the scheme
Option 4 Retention of Scheme in Amended Form with extra controls
Details of these options were included in an Appendix
Continuation (Option 1) in the current form is not a tenable option whilst cessation (Option 3) would create some significant issues as well as disregarding the contribution which Parish Councils can make to the local environment. Option 2 looks to plug some of the gaps in the existing arrangements but falls short of addressing a number of important difficulties. Option 4 offers the opportunity of entering into clearly defined partnerships for which funding will be granted at a rate equivalent to the cost which this Council would incur if it provided the service itself. This option would have produced some savings (as shown in Appendix H) although there will be extra costs to be deducted from this
CONCLUSIONS
Option 4 (or a variant thereof) suggested in 8 above was recommended as the Best Value (value for money) option to enable the scheme to operate soundly in the delivery of the services specified by this Council. The actions needed if this option were adopted were set out.
In addition to the immediate actions required to implement any decision to amend the scheme (Options 2 or 4), there would be a need to re-assess the resources available to implement, manage and monitor the scheme.
Transitional arrangements to phase the impact of funding changes were suggested
Summary of work carried out by the Steering Group
This Appendix summarises the work carried out by the Steering Group including the issues considered and the conclusions reached which led to the recommendation given in this report.
Background
The March 2003 decision required that a Steering Group be set up to consider the concerns expressed by Parish Councils about the proposed revised scheme, seek to resolve them and report back to the Executive Councillor so that details of the revised scheme could be confirmed in time for Parish Councils to consider any impacts on their precepts for the 2004/5 Financial Year. Following discussions at the Parish Liaison Meetings, a Steering Group was formed, comprising three representatives of the Parish Councils and three Council officers.
Terms Of Reference
The objectives of the Steering Group were to agree a scheme which was equitable (in that the method of funding to each participant was fair and related to the work content involved), affordable (in that it could be demonstrated that the scheme offered value for money to this Council) and that the scheme and its operation were transparent and met auditable probity requirements.
Options For A Revised Scheme
Four main options for the future of the Parish Sweeping Scheme had been considered in the report put to the Council Executive in December 2002. The recommended option was the retention of the scheme in an amended form with extra controls and this was agreed by the Council Executive with the proviso that the new method of funding be phased in over a period of three years.
The Steering Group worked from the assumption that the decision to select the option above was binding and considered issues using this as a framework.
Method of Calculation
It is proposed that payment to Parish Councils would be based on a calculation of the resources required for each Parish to be maintained to the specification laid down by Bath & North East Somerset Council (i.e. the requirements laid down in the Environmental Protection Act Code of Practice on Litter & Refuse). This rate would hold good whether the work were to be done directly by Bath & North East Somerset Council or devolved to a Parish. Anything over and above this standard (an enhanced standard) would be funded from Parish Council precepts.
Many alternative methods of calculating and distributing funds were considered by the Steering Group. These included calculating percentage mechanical and manual sweeping, distributing funding on the basis of Bath & North East Somerset Council's current direct costs, funding on the basis of the participating Parish Council's current costs and variants on these. The inclusion of a base funding level as an administrative fee was considered but dismissed as inequitable and a number of alternatives were considered as to the best option for deciding the level of the minimum payment and the amount of work which might be expected for this sum.
The Steering Group concluded that the funding available should be equivalent to the total of the Council's current spending on manual sweeping in the Parish Council "Zone 3" areas. The Group decided that it would not be practical to distribute this sum purely on a pro rata basis (i.e. according to the measurement in each Parish Council area) because this would leave some Parish Councils in receipt of such small sums that they would be unable to employ a sweeper for one day per week. A base payment was therefore agreed which took account of the first 1500 linear metres of sweeping in each Parish (guaranteeing a minimum of £2000 to each participating Parish Council). The remaining current level of spend was then divided by the remaining linear meterage to calculate a rate per linear metre which would be available to each participating Parish Council.
"Phasing In" Arrangements
The Steering Group considered whether to recommend that a phasing arrangement be introduced so that existing participants could adapt to the revised funding arrangements over a period of time. It concluded that although there are changes to funding for these Parish Councils, they were not as dramatic as had been recommended in 2002 and therefore that the participating Parish Councils would better be able to manage the changes now proposed. No transitional arrangements are therefore proposed.
Participants in the Scheme
The Steering Group considered whether it would be possible to open the scheme up to all Parish Councils with effect from April 1st 2004. The Group decided that this would be impractical given the time available. Any application for participation will have to be considered against the potential for the Council's Direct Services to effect a cost saving equivalent to the funding which the Parish Council may claim (in order to ensure that the costs to this Council do not exceed the available budget). In practice, this will probably mean that several Parish Councils will need to opt in before an equivalent cost saving can be made and this will take time and resources to manage and assess at a time when resources will be required to set up the proposed revised scheme for existing participants. The Steering Group therefore concluded that other Parish Councils be asked to express an interest in participation before reassessing the position for entry from 1st April 2005.
Partnership Agreement
The Steering Group agreed a revised pro forma Partnership Agreement under which Parish Councils would operate on an agency basis and considered details such as method of measurement, responsibilities of the parties concerned (including monitoring) and the calculation of payment to Parish Councils who choose to participate in the proposed revised scheme.
Bath & North East Somerset Council's minimum responsibilities would include the introduction of a formal agreement, contract monitoring and control systems and partnership working to carry out (inter alia) the removal of fly tipping, the supply and collection of plastic bags and mechanical sweeping.
Should the Council Executive decide in favour of the recommendation, there would be a need to prepare individual agreements with those of the 29 currently participating Parish Councils who wish to participate in the proposed revised scheme and to provide appropriate advice on Health & Safety, Employment and technical matters as needed.
Review Arrangements
The Steering Group concluded that a review of the first few months of the proposed revised scheme would be worthwhile in autumn 2004 and that, at that time, consideration could be given to the wishes of Parish Councils who do not currently participate in the scheme but who have expressed a wish to opt in.
Conclusions
The recommendation of this report is supported by the Steering Group. The basis of the proposed revised scheme relies on the introduction of revised and robust agreements and the recalculation of the basis of payments. The proposal would be to introduce a clear agreement (updated to take account of changes in legislation and providing for Bath & North East Somerset Council to be able to satisfy itself as to the adequacy of the local arrangements) stating who is responsible for what and agreeing (by means of a standard calculation or "rate") the value of the work to be done.
For the reasons set out above the option now recommended was unanimously agreed as that which best met the objectives of the Steering Group within the spirit of the earlier Council Executivedecisions.Appendix F
|
PARISH |
COMMENTS |
ADDITIONAL COMMENTS |
Farmborough |
Found no problems with the proposals. Question over Lnr Mtrs (110 discrepency) |
Written Correspondence |
|
Corston |
Happy with the proposals |
Phone call |
|
Batheaston |
Questions over the overall length. Question the Zone 1 unit rate |
Passed to Douglas Jackson to talk directly to the parish |
|
Englishcombe |
No adverse comments on scheme. 2 questions raised (see full letter) |
Written Correspondence |
|
Stowey Sutton |
Will be recommending acceptance to the parish |
Written Correspondence |
|
Southstoke |
Supports scheme. Highlighting need for mechanical sweeping |
Written Correspondence |
|
Saltford |
Worried that the current level of parish sweeping will not be adequate to maintain standards when the new rate is introduced. Many concerns about the new scheme and its capabilities (see full letter) |
Written Correspondence |
|
Ubley |
Finds this proposal much more satisfactory than the last Questions the Zone 1 rate Questions the Parishes requirement to purchase equipment (see full letter) |
Written Correspondence |
|
Paulton |
No adverse comments on scheme, however, Question Zone 1 area unit rate 2 other questions on details (see full note) |
Written Correspondence |
|
Southstoke |
Supports the basic methodology of the report. Highlights the need for B&NES mechanical sweeping |
Written Correspondence |
|
Chew Magna |
Concerns over level of funding Looking for an additional £500 next year to cushion the precept increases necessary Looking to increase Zone 1 area Looking to upgrade zones in certain areas Questions over when their sweeper is on holiday (see full note) |
Written Correspondence |
|
Freshford |
Concerns over level of funding Concerns over monitoring of work Request that B&NES pick up costs for PPE equipment Request a draft format for employment contract ASAP Seeking payment for cleaning out of gulleys & other roads the sweeper currently cleans |
Written Correspondence |