As highlighted above (Minute CM 23/22 refers),Members were in receipt of an urgent exempt report that provided an update on the status of the Waste and Recycling Services Contract.
Following a lengthy debate during which widespread support was expressed for the service currently received and for the proposed way forward, Members expressed a wish to re-admit the public and press to the meeting in advance of the vote on the motion being taken.
As a result, it was then:
That the public and press be re-admitted to the meeting.
It was then proposed by Cllr C Edmonds, seconded by Cllr N Jory and upon being submitted to the Meeting was declared to be CARRIED and ”RESOLVED that:
1 a) authority be delegated to the Head of Paid Service (Chief Executive) and Director of Customer Services Delivery, in consultation with the Leader and Lead Hub Committee Member for waste and recycling services, to conclude, subject to contract and without prejudice, negotiations with the Council’s waste contractor, FCC Environment Limited (FCC), for the continuation of the waste collection, recycling and cleansing services in view of South Hams and FCC agreeing to a mutual partial termination with a further report being brought to Council before 3 October 2022 for Council to agree the final terms;
b) the value of the 2021/22 deductions be transferred to the waste management earmarked reserve (as part of the closure of the 2021/22 accounts), to contribute to the new contracted costs as set out in section 5 of the report presented to the Hub Committee Meeting;
c) the capital budget for Hayedown depot (statutory compulsory improvements), be increased with the increase being financed from either the Waste Management Earmarked Reserve or internal borrowing as set out in Section 5 of the reports presented to the Hub Committee; and
d) a capital budget be approved for a new vehicle as set out in Section 5 of the Hub Committee agenda report, to be financed either from the Waste Management Earmarked Reserve or internal borrowing;
2. it be noted that the Section 151 Officer will bring a further report to the Hub Committee in September 2022 on the updated ongoing revenue costs of delivering the service and the impact on the Council’s Medium Term Financial Strategy;
3. it be noted that the Head of Paid Service will make any necessary organisational changes to the joint staffing structure, to recognise the changes in the provision of waste collection, recycling and cleansing services in the Councils.
4. due to the critically short timescales of concluding the negotiations and the need for continuity with the Council’s existing suppliers in these service areas, authority be delegated to the Director of Customer Service Delivery, in consultation with the Leader, Lead Hub Committee Member for waste and recycling services and the Section 151 Officer to grant an exemption from the Council’s Contract Procedure Rules (procurement rules) for:
i) technical and professional services; and
ii) plant and equipment.
(NB. Recommendation 4 is conditional upon these goods and services having not already been procured under the terms of a framework agreement and being below the UK threshold for the purposes of the Public Contracts Regulations 2015.)