Meeting documents
Cabinet
Wednesday, 6th September, 2006
APPENDIX A
West of England Waste Management & Planning Strategy
Member Project Board
20 April 2006
Revised Constitutional and Partnering Arrangements
Purpose of Report
1 To report on more formalised joint working arrangements given the formal commitment to work jointly on the procurement of facilities. This paper has been agreed by Solicitors in each authority.
Background
2 At its meeting on the 6 January the Board requested further work on establishing a more formal partnership arrangement between the authorities, particularly having regard to the procurement process.
3 To provide an operational framework for the partnership a Memorandum of Understanding, together with proposals for member and officer level groups, has been considered by the Board. The current MOU is attached as Appendix A. Appendix B sets out the current terms of reference for the Project Board and Officer Project Team. Together these have provided an effective basis for a working relationship between the four Councils to this point. In any dealings on future sub-regional proposals, DEFRA expects to see that local authorities are working to some form of agreed relationship.
4 Legal officers have commented in the past upon the need to have a properly constituted joint arrangement, with the possibility of appointing one of the authorities as the Lead Authority as a pre-requisite to any procurement exercises. It is important that the operational arrangements and the funding of these is clearly set out. Lead authorities in particular will wish to be clear on recovering costs and expenses.
5 The partnership is beginning to commission a variety of consultancies to provide important advice on the project and effective contractual arrangements need to be in place not least to provide security for the authorities leading on these appointments. Appendix C summarise the current commissioning activities.
West of England Partnership
6 The West of England Joint Study Area First detailed Proposals includes the following commitments in connection with waste management;
D8 Success secured in ways that are energy efficient, protect air quality, minimise and manage waste and protect and enhance the natural and built environment.
D8 Planning for the provision of strategic waste management facilities for all waste streams will be coordinated through partnership working. Waste minimisation will be at the heart of this work. Provision for additional public waste management facilities will be made, linked to areas of growth.
D8 A review will be undertaken of available waste technologies and requirements and the need for landfill facilities.
D8 The continued development of port facilities, industry, warehousing and waste facilities at Avonmouth will be encouraged, with priority given to the re-use of previously developed land.
Options
7 The options available to the Board for formalising arrangements boil down to a formal contract between the parties (eg a consortium or joint venture agreement etc), and/or a joint committee.
Contracting
8 Joint working/partnerships can be achieved through contracting arrangements between the relevant "partners", without the need to form a separate organisation, or more complicated joint working arrangement. Consideration should always be given to this option as the simplest means of achieving a joint working relationship.
9 The four authorities have significant experience of operating under joint agreements, across a range of services. Forms of agreement are readily available, and can be adapted for use on the current project.
10 Under this approach, the existing arrangements for the Officer Project Team and the Member Project Board can continue in much the same form as now.
Joint Committees - as a specific form of contracting
11 Joint Committees are established by local authorities under Section 101 of the 1972 Local Government Act, between local authorities. Third parties can be co-opted e.g. from the private and voluntary sectors, but they do not have voting rights.
They have no independent legal status. There needs to be a lead authority, which will enter into third party contracts, including holding property (unless to be held jointly). An Agreement will be needed to support the lead authority role. The Constitution is set out in the agreement, as will the administration and support arrangements. There will be complications in setting up a Joint Committee, particularly have regard to the differing executive arrangement operating in each of the partner authorities.
12 Clearly, subject to the authorities meeting their individual constitutional requirements, it would be possible to convert the existing Member Project Board to a Joint Committee. The existing terms of reference could be amended/expanded to form the constitution of the Joint Committee. The nature and extent of its delegated powers (ie the Joint Committees decision making powers) would be the principal addition. Other matters that would need to be addressed in more detail include functions, meeting arrangements, administrative support, membership, the level of delegation/decision making etc.
Selection of Preferred Arrangement
13 Whichever route is taken it will be necessary for one of the authorities to act as lead authority in terms of co-ordination the partnership. This need not mean that this authority would then lead on all aspects of the project. Others could take on discrete elements.
14 Selecting the appropriate arrangement will depend on a range of factors particularly: -
· functions/services involved
· purpose of the partnership (e.g. management, bidding, ownership of assets, employment of staff, purely promotional etc.)
· political expectations and direction
15 At this stage the purpose of the project is seen as taking the
current joint working arrangements through to the point where an
options appraisal is produced and a business case (including
funding options) prepared for the preferred route. This is
predominantly on the procurement side of the process, and will be
achieved primarily through the work of officers and specialist
consultants, reporting to the Project Board. There will also be
some preliminary work associated with the development plan
preparation. There are no strategic decisions anticipated during
this period. Commissioning arrangements are being shared between
the authorities, as summarised so far in Appendix C. The current
project management and structure arrangements are being detailed in
the developing Project Initiation Documents.
16 The timescale for this stage is estimated at about 12 months. Since this will involve primarily a commitment to involve staff, and contribute towards the cost of consultants, it is considered that the arrangements need not be overly complicated.
There will in any event be a need to review the structure/arrangement to effect delivery and operation. In effect it is proposed that we adopt an incremental approach, moving up a level of formality as circumstances require.
17 Members had previously sought clarification on the scope for substitutes. If the current proposal is adopted, the arrangements will remain relatively informal, (ie do not amount to a joint committee etc), and accordingly the Board is free to make provision for substitutes. It will be up to individual authorities to operate this within their own executive arrangements.
Finance & Personnel Implications
18 Whichever route is adopted it is important that the funding and staffing of the arrangements is clearly established. This includes the support for any working groups and joint committees. It is particularly important that the approval process for the commissioning of services and works is clearly set out.
Conclusion
19 Formalising the current arrangement through a joint agreement, operating around the current Project Board and Officer Project Team is considered sufficient for current purposes. It will be necessary to identify an authority to take an overall lead on the project, and South Gloucestershire has volunteered for this role.
20 The current commissioning arrangements, being shared between the authorities are likely to continue, as this helps share the burden and ensure each authority is actively leading on specific aspects
RECOMMENDATIONS
1 That officers put in place an agreement placing the current arrangements on a more formal footing, (but without a joint committee at this stage) and with South Gloucestershire acting as the general lead authority.
2 That each Authority takes the necessary steps to give effect to this proposal.
3 That the arrangements be reviewed, as necessary, during the course of the financial year
WEST OF ENGLAND WASTE PARTNERSHIP
MEMORANDUM OF UNDERSTANDING
BETWEEN
BATH & NORTH EAST SOMERSET COUNCIL
BRISTOL CITY COUNCIL
NORTH SOMERSET COUNCIL
SOUTH GLOUCESTERSHIRE COUNCIL
Background
The UK Government is committed to managing the nation's waste more sustainably as outlined in its policy document `Waste Strategy 2000' and in regulations arising from the European Landfill Directive.
In pursuit of this objective the Government sees the management of household waste by local authorities as an area for significant improvement. Through the Best Value regime, Government has set challenging statutory performance standards, requiring all local authorities to significantly increase the proportion of waste recycled and composted. Waste Disposal Authorities (WDAs) are also under a statutory obligation to reduce the amount of biodegradable waste, which is disposed of to landfill.
The Government is encouraging joint working between local authorities where it can be demonstrated that enhanced service provision can be secured alongside value for money.
Each of the four councils is a unitary authority and is the statutory Waste Disposal Authority for its administrative area, each having the statutory responsibility for making arrangements for the disposal of household waste collected within their areas under the Environmental Protection Act 1990.
The four councils have powers and responsibilities under the Environmental Protection Act 1990 as Waste Disposal Authorities and wish to work together to secure the proper exercise of these powers and duties by establishing and supporting joint working for this purpose.
The four councils also have powers and responsibilities under the Planning and Compulsory Purchase Act 2004 and wish to work together on strategic waste planning and to share good practice and guidance on planning for waste.
Joint working is expected to produce economic, environmental and social benefits as well as overall efficiency savings.
Purpose and Status
The purpose of this Memorandum of Understanding is to clarify the relationship between the four Councils in relation to the development by each and all of the Councils of a West of England Waste Management and Planning Strategy, a Reference Project and corresponding Project Plans. This is likely to include the determination of sub-regional planning policies, preferred waste management technologies and Outline Business Plan (for municipal waste) appropriate for the sub-region.
It is anticipated that this Memorandum of Understanding will subsist until such time as a properly constituted joint agreement, or such other appropriate relationship between the Councils is in place to facilitate the procurement of joint facilities and services.
The four Councils acknowledge that this Memorandum of Understanding is not a formal contract and is not legally binding or enforceable. However, the parties will treat it as an operational document and will use their best endeavours to comply with its terms. No Council will be obliged to undertake expenditure, which it would not have otherwise undertaken in compliance with its duties as a Waste Management Authority.
Guiding Principles
In formulating and administering this Memorandum of Understanding the councils acknowledge that the West of England Waste Management and Planning Strategy will be developed as a result of a close working relationship between the parties and a commitment to transparency in their dealings. Mutual support and co-operation is the key to the process and the success of the strategy is dependant upon the continuation of this approach.
In particular and with effect from the signing of this Document, the parties agree that:
(i) The parties will give consideration to this Memorandum of Understanding before entering into any contractual arrangements which could adversely affect the development of a joint waste management strategy;
(ii) New initiatives and/or working practices relating to overall management of waste being considered or developed by any of the parties shall if appropriate be openly discussed at meetings of the Officers Project Team and Member Project Board at the earliest practical opportunity; provided that no party to the Memorandum of Understanding shall be required to provide information which it considers is either exempt information in accordance with the LGA 1972 or which in the view of the authority would be the subject of an absolute or non-absolute exemption in accordance with the Freedom of Information Act 2000. The Officers Project Team and the Member Project Board shall give due consideration to the implications of new initiatives and working practices on the development of the West of England Waste Management and Planning Strategy. Mechanisms should be considered whereby these can be incorporated into any long-term waste management arrangements.
(iii) Each party will endeavour, when entering into contracts, to give consideration if practicable and appropriate to the requirements of the sub-regional arrangements.
(iv) The Member Project Board will use its best endeavours to make recommendations on the development of a West of England Waste Management and Planning Strategy that embodies the wishes and aspirations of all the parties to achieve sustainable waste management solutions.
(v) As existing waste management related contracts expire and where the Constituent Authorities enter into new ones, they will endeavour, where practicable and appropriate to give consideration to the West of England Waste Management and Planning Strategy arrangements so as to facilitate the development of integrated waste management systems.
(vi) The four Councils will use reasonable endeavours to develop and maintain an effective joint process to ensure the satisfactory development of the West of England Waste Management and Planning Strategy. The four Councils will use their combined skills and experience to understand key issues and commit to work together to ensure continuous improvement throughout the life of this Memorandum of Understanding.
(vii) In determining the viability of any activity or process, consideration should be given to the long-term effects and impact of that decision upon finance and upon an integrated waste management approach.
(viii) Matters relating to future joint arrangements which require decisions to be taken will be referred by the Member Project Board to the constituent Authorities for determination. It will be for each of the four Councils to determine within its own constitutional arrangements how the decisions reserved to the four Councils should be taken.
(ix) The four Councils will use all reasonable endeavours to work together to ensure the timely completion of the project in accordance with the agreed Project Plan.
(x) In preparing development plan documents relating to waste as respects their area, each Council will keep each other informed as to progress and will use their best endeavours to co-ordinate the implementation of their planning strategies, including the release of sites for strategic waste-related development in the interests of implementing the agreed waste planning strategy.
(xi) The four Councils respect the collective need to exercise commercial confidentiality in matters which come to their attention.
As soon as practicable following the signing of this Memorandum of
Agreement the Member Project Board agree to recommend to the four
Councils that the project costs associated with the development of
a West of England Waste Management and Planning Strategy will be
met in equal shares by the four Councils.
WEST OF ENGLAND WASTE PARTNERSHIP
WEST OF ENGLAND WASTE MANAGEMENT
AND PLANNING STRATEGY
TERMS OF REFERENCE OF THE OFFICER PROJECT TEAM AND THE MEMBER PROJECT BOARD
Overview
The four Unitary Authorities, comprising the West of England Waste Partnership - Bristol City Council, Bath & North East Somerset Council, North Somerset Council and South Gloucestershire Council are working together to develop and deliver a Joint Waste Management and Planning Strategy for Municipal and other controlled wastes. The four Authorities have established a Member Project Board (MPB) with a supporting Officers Project Team (OPD), which includes both waste and planning representation.
It is now proposed to enter into a Memorandum of Understanding, which sets out the principles of the joint working arrangement as part of the West of England Waste Partnership. As an integral part of this is also the need to have an agreed set of Terms of Reference for both the Member Project Board and the Officers Project Team follows:
OFFICER PROJECT TEAM (OPT) - TERMS OF REFERENCE
Purpose
To develop and deliver a Joint Waste Management and Planning Strategy in accordance with an agreed Project Implementation Document (PID).
Functions
To review progress against the PID and update the PID as
required;
To prepare reports for the Member Project Board;
To identify resources and funding to carry out tasks, and if
necessary to consider the preparation of bids by the Unitary
Authorities for external funding; see below;
To identify specific projects and tasks within the PID and agree
resources, processes and timescales; see below;
To undertake procurement of external advisors and recommend
appointments to the Member Project Board, although it is recognised
that as with all functions which involve use of resources,
expenditure and procurement, officers would only be able to carry
out these in relation to their own Unitary Authorities under their
Constitutions and in accordance with their delegated powers.
Officers will work together in connection with the appointment of
any consultants in order to achieve efficiency and
consistency.
To identify issues which require a Member perspective and to
refer them to the Member Project Board;
To identify and refer matters which require decisions to be taken by individual Unitary Authority Members in pursuit of developing the West of England Waste Management and Planning Strategy;
To prepare and disseminate briefing updates for the West of
England Planning Transport and Environment Group (PTEG).
Meeting Arrangements
Meetings to be held each calendar month, dates to be agreed at
the start of each year;
Additional ad-hoc meetings to be arranged as and when
required;
The location of meetings to rotate between each unitary authority.
The host authority will chair the meeting and arrange for notes
to be taken;
Representatives from external organisations/appointed consultants to be invited to attend and give presentations at meetings as appropriate.
Membership
Chief/Senior Officers responsible for strategic waste management and planning from each Unitary Authority.
Strategic waste management and planning officers from each Unitary Authority;
Representation from the Joint Strategic Planning and Transport Unit.
MEMBER PROJECT BOARD (MPB) - TERMS OF REFERENCE
Purpose
i) To provide an opportunity to consider recommendations and views from individual Unitary Authorities on common waste and planning issues.
ii) To receive and consider reports and issues presented by the
Officers Project Team.
iii) To make recommendations to the Officers Project Team and to individual Unitary Authorities.
iv) To keep the West of England Partnership Planning, Transport and Environment Group (PTEG) informed of progress and developments.
Functions
To review progress on the development and delivery of a Joint
Waste Management and Planning Strategy for the West of
England;
To review progress on and against the Project Implementation
Document (PID) and individual projects within the scope of
thePID;
To consider reports and issues presented by the Officers Project
Team and external advisors andconsultees;
To recommend to the Officer Project Team that external advisors
are appointed, where appropriate;
To provide a political steer on issues raised by the Officers
Project Team;
To make recommendations to the constituent Authorities
concerning strategic waste management and planning;
To consult with and refer key decisions to constituent Authorities for determination where appropriate and provide guidance to the Member Project Board members and the Officers Project Team.
Membership
Executive Members for Strategic Planning (one from each Unitary Authority);
Executive Members for Waste Management (one from each Unitary Authority);
Chief/Senior Officers responsible for Strategic Planning and Waste Management.
Meeting Arrangements
Meetings to be held at least four times per year, the dates of
which are to be arranged at the start of each year;
Additional ad-hoc meetings to be arranged when key decisions
required;
The location of meetings will rotate between each unitary
authority;
The host authority will chair the meeting and arrange for notes
of the meeting to be taken;
Project advisors, external consultants or representatives from external organisations such as the Environment Agency, the Regional Development Agency, South West Regional Assembly, Government Office for the South West and the 4 Ps etc. will be invited to attend or give presentations and their advice at meetings as and when appropriate.
WEST OF ENGLAND WASTE MANAGEMENT AND PLANNING STRATEGY
Summary of Current Joint Commissioning Activities (Work in Progress as at 10th April 2006)
|
Work area / Activity |
How employed |
Lead |
Timescale |
|
Technical Advisors (Jacobs Babtie) To prepare Reference Project and OBC, consider and make recommendations on funding, affordability and finance mechanism |
Amendment of BCC original specification/ procurement process |
Bristol |
Commenced February 2006 with Phase 1 activities |
|
Communications Officer (Kay Hobday, Sth Glos) (30 hours per week) |
Joint fixed-term appointment, based at Thornbury |
South Glos |
Started 20th March 2006 |
|
Project Support Co-ordinator (Kate Hobson, B&NES) (Secondment 2.5 days/week) |
Shared funding, based at Keynsham |
B&NES |
From December 2005 until April 2006 initially -extension for 2006-07 |
|
Project Management - high level, overarching - to co-ordinate and take forward PIDs, preparation of waste and planning strategies and manage external consultants |
Option A) Through B&NES Major Projects Framework Agreement Option B) Through competitive tendering process, involving individuals, smaller and large organizations |
B&NES |
Option A) being progressed. Proposed appointment for 2 years (with option to extend) |
|
Consultation Advisors -Tender evaluation panel on 27th March and confirmation meeting with consultants on 6th April. |
Through competitive quotation procedure - Sth Glos' Technical Services Procurement Unit |
South Glos |
April start for Community consultation June -July 2006 |
|
Work Area / Activity |
How employed |
Lead |
Timescale |
|
Sustainability Appraisal (incorporating waste SEA requirements) |
External advisors - potential appointment through Defra WIP/DCS fund |
B&NES/ North Somerset |
Application to Defra WIP/DCS fund submitted for work start from May 2006 |
|
Initial study on Development of a West of England Waste Management Strategy - (MEL and RPS Consultants) |
Appointed by Defra WIP - DCS fund 2005-06 |
Bristol |
Completed - final reports received March 2006 |
|
Extension brief - LATS/Residual waste modeling development (MEL and RPS Consultants) |
Extension to original work above |
Bristol / B&NES |
To be carried out March-May 2006 |
|
Waste Treatment Systems and Consultation Seminar + Transport Modeling Study (Eunomia, RPS and Mott McDonald) |
GOSW / Defra T & Cs - B&NES Transport & Highways Partner agreement + extending existing briefs |
B&NES |
To be completed March/April 2006 |
|
Bid to be agreed |
Application to Defra WIP - Direct Consultancy Support fund 2006-08 |
Tbc |
Application to 2nd tranche of 2006-08 fund to be made in Autumn 2006 (up to £75k) |
|
Bid to be agreed |
Application to Defra WIP - RSF fund 2006-08 |
Tbc |
From April 2006 |