Agenda and minutes

To receive apologies for absence and notification of any substitutes present

Apologies were received from Mr Balfour, Mr Simkins and Mr Whybrow who were substituted by Mr Pearman, Mr Bowles and Mr Harman respectively.

To receive any declarations of interest made by Members in relation to any matter on the agenda.  Members are reminded to specify the agenda item number to which it refers and the nature of the interest being declared.

Mr MacDowall informed the Committee that he was a director of the Alliance of British Drivers but stated that he had no financial interest and therefore no disclosable pecuniary interest or other significant interest to declare.

To consider and approve the minutes of the Environment, Highways & Waste Cabinet Committee held on 21 January 2014 as a correct record.

(1)     The Chairman explained that the Minutes before her for signing were the Minutes of the Environment, Highways and Waste Cabinet Committee, now re-named as the Environment & Transport Cabinet Committee.

(2)     Mr Harrison requested further information on an enforcement issue previously raised which he felt was not adequately reflected in the Minutes.  Mr Austerberry agreed to investigate and ensure a response was sent to Members.

(3)     Mr Baldock expressed concern that opposition to the Member Grant scheme voiced at the meeting had not been fully reflected in the in the Minutes but no amendment was proposed.

(4)     The Chairman noted both points and the Minutes were agreed accordingly.

The Cabinet Members and Corporate Director will update Members on areas relevant to the remit of the Committee.

Mr Brazier, Cabinet Member for Environment & Transport, gave a verbal update as follows:

Highway Operations

(1)     The extremely wet weather through January and February had caused severe damage to the road network.  Between January and March over 7200 emergency jobs were raised with Enterprise compared to a little over 4000 for the same period last year, with the highest weekly pothole enquiry rate of 1339 recorded in mid-February.  The wet conditions hampered initial repair work meaning it was not always possible to undertake first time permanent repairs on all potholes, however progress has been made on the latest Find and Fix campaign as drier weather returned throughout March and now April.

(2)     Government had granted a total of £8.6m at the end of March towards costs incurred.  £7.025m would be allocated directly to highway repairs, with £1.5m funding the 2013/14 emergency response, and £75k allocated to Public Rights of Way (PRoW).

Safe and Sensible Street Lighting

(3)     The County Council was responsible for the maintenance of approximately 118,000 street lights and has implemented its Safe and Sensible Street Lighting policy to reduce the annual energy bill, carbon emission and light pollution.  Implementation of Phase 1 of the initiative, the trial switch-off of approximately 2,500 street lights, has been completed.

(4)     Phase 2 of the scheme would consist of conversion of around 70,000 street lights to part-night lighting which involved installing a sensor in each street light that would switch them off at midnight and back on again at 5:30am (1am and 6.30am during BST). 

(5)     Work on conversion to part-night lighting began in early December 2013 and suitable street lights in Tunbridge Wells, Tonbridge & Malling, Sevenoaks, Ashford, Dartford and Gravesham have been completed.   Work in Swale, Shepway and Dover began in mid-April and work in the remaining districts, Maidstone, Canterbury and Thanet, would begin in May.  The entire programme would be completed by the end of the summer.

(6)     These measures when fully implemented would deliver an annual saving of around £900k.

Annual Resurfacing Programme (Repair & Renewal) 2014/15

(7)     This year KCC would invest around £18m in the resurfacing programme focusing on three main programmes of works; Machine Resurfacing, Surface Treatments and Footway Improvements.

(8)     Data collected from a range of sources was being used to develop a priority list of sites for inclusion in the Annual Maintenance Programme.  Given the available funds and to achieve value for money prioritisation was largely based on economic ranking to ensure that sites that would need costly repairs in the future were treated sooner, before they deteriorate further. 

[A table showing the spend for each activity is attached as an appendix to these minutes.]

Highway Drainage Infrastructure

(9)     In recent years there had been an increase in prolonged and heavy rainfall events, the most recent being this winter. Between December and February there were a succession of storms bringing 340mm rain; double what would normally be expected.  The ground was already highly saturated prior to these storms and as the highway drainage system  ...  view the full minutes text for item 4.

This paper updates Members on the proposed decision to adopt a new Road Casualty Reduction Strategy for Kent 2014-2020.  The Strategy has been developed following a workshop involving key stakeholder groups and representative organisations and has been subject to a full public consultation.

(1)       The Cabinet Committee received a report of the Cabinet Member for Environment and Transport and the Corporate Director of Growth, Environment and Transport which contained the draft strategy for Road Casualty Reduction for Kent 2014-2020 for the consideration of the Committee.  David Joyner, Transport and Safety Policy Manager, and Tim Read, Head of Highway Transport, were in attendance to introduce the report and in particular referred to the following:

(2)       That the strategy had been developed following a workshop involving key stakeholder groups and representative organisations and had been subject to a full public consultation.

(3)       That there had been 66 responses to the public consultation, the majority of which had been positive.  Comments received had been incorporated into the Strategy.

(4)       In Kent the number of people killed or seriously injured in road crashes had fallen by 50% between 2000 and 2010.  KCC had a target to deliver a further 33% reduction by 2020.

(5)       In response to questions raised and comments made the Committee received the following further information from officers:

(6)       ‘Licence to Kill’ was an educational theatre event set round a staged, filmed road traffic accident (RTA) and involving appearances from emergency services personnel and a young person injured in a RTA.  The film had been viewed by approximately 6,000 students a year to date.  Members who had seen the production praised it and suggested that newer Members take up opportunities in the future to attend performances.

(7)       ‘Highway factors’ identified as potential causes or contributory factors were derived from data collected by the first responding police officer at an RTA.  Factors included signage, lighting, surfacing, visibility and road markings.  Engineering work was then concentrated on those areas identified.

(8)       Tim Read agreed with Members to expand the issues which had arisen during the debate on the Strategy.  It was agreed that one of the regular Tuesday afternoon Member Briefing slots be utilised for that purpose. 

(9)       That police enforcement and communication was a key factor in reducing road casualties and a meeting was being arranged between the Cabinet Member, Kent Police, Kent & Medway Fire and Rescue Authority (KMFRA) and Medway Council to discuss this.

(10)    RESOLVED that the Cabinet Committee recommend that the Cabinet Member for Transport & Environment adopts the Road Casualty Reduction Strategy for Kent 2014-2020 and the policies and actions contained therein.

This report provides information concerning a proposed decision to procure providers to receive, handle, store and process approximately 19,000 tonnes of household food waste per annum.

(1)       The Cabinet Committee received a report of the Cabinet Member for Environment and Transport and the Corporate Director of Growth, Environment and Transport detailing the proposed award of tenders for Food Waste Processing in Kent.  Roger Wilkin, Waste Manager, was in attendance to introduce the report and in particular referred to the following:

(2)       That a number of the Council’s current waste collection partners now also carried out separate food waste collection.  As the waste disposal authority KCC had a duty to take household waste from those collection partners and dispose of it appropriately.

(3)       That the forthcoming procurement and award of Food Waste Processing Contracts would be undertaken in accordance with the chosen evaluation methodology and this would be included in the published Food Waste Invitation to Tender.  The evaluation would be undertaken by KCC Waste Management Officers, who would identify providers to receive, handle, store and process approximately 19,000 tonnes of household food waste per annum.

(4)       The tendering process would be open to existing and new suppliers and the contract would be for a period of 6 years.  This timeframe had been agreed to reflect the likelihood of investment being required by a successful tenderer and the need for this to be viable and attractive to bidders.

(5)       Concern was expressed that Members were being asked to make comment without sufficient information being provided or at a time when comments could not be acted upon by officers. 

(6)       Members were advised that all tenders were published online prior to engaging in the democratic decision making process and that this particular procurement had been included in the Directorate Business Plan.   

(7)       RESOLVED that the Cabinet Committee agree the completion of a procurement process for the provision of Food Waste Processing as follows:

a)        Lot 1: indicative tonnage of 14,000 p.a.

b)      Lot 2: indicative tonnage of 5,000 p.a.

This report puts forward for consideration and comment the proposed Cabinet Member decision to introduce a Young Person’s Travel Pass for 11-16 year olds for the academic year 2014/15 which provides free bus travel in Kent from 6am to 7pm on Monday to Friday.  The Young Person’s Travel Pass will replace the existing Kent Freedom Pass scheme.

The cost of the Kent 16+ Travel Card will be reduced from £520 to £400, this is the only proposed change to this scheme.

(Items B3 and B3a)

(1)     The Cabinet Committee received a report of the Cabinet Member for Environment and Transport and the Corporate Director for Growth, Environment and Transport which sought endorsement of the proposed Cabinet Member decision to introduce a Young Person’s Travel Pass for 11-16 year olds for the academic year 2014/15 providing free bus travel in Kent from 6am to 7pm on Monday to Friday and to reducing the cost of the Kent 16+ Travel Card from £520 to £400.  In addition a petition had been received and had met the number of signatures required for a debate.

(2)     The Chairman clarified that she would be taking Item B3 and Item B3a together.

(3)  David Hall stated that two major influences on the proposals before the Committee were the Medium Term Financial Plan, which required savings in the current financial year, and a petition, signed by approximately 16,000, people to extend the 11-16 pass to 16-19 year olds.

(4)     Following a report to the December 2013 meeting of the Environment, Highways & Waste Cabinet Committee comments and feedback were received to which the Council listened carefully and devised a revised scheme called the Young Persons Travel Pass for 11-16 year olds. 

(5)     This scheme retained the basic principle of the Freedom Pass and would provide free travel during the academic year on Kent bus services but limited to term time, Monday to Friday and between the hours of 6am to 7pm.

(6)     The initial cost to the recipient had been raised to £200, now payable in two instalments.  In order to assist those in receipt of free school meals, a reduced price of £100 will be charged and young carers and looked after children would continue to receive the pass free of charge.

(7)    The proposal for the 16+ Pass was that the price be reduced from £520 to £400 and that it would continue to offer unlimited bus travel in Kent.

(8)     The key findings of the review and responses received from nearly 4,000 people were included in the papers.

(9)     In order that the points made by the petitioners could also be considered a statement was read out by the clerk from the lead petitioner, Lynne Miller.

(10)  It was proposed and seconded that the recommendations be agreed.  Mr Caller raised a point of order that he had submitted an amendment to the Chairman and that this should be debated before any vote on the recommendations within the report.

(11)  The Chairman agreed and read out the recommendations contained within the report as follows:

•        Introduce a new young person’s travel pass for 11 – 16 year olds providing free bus travel from 6am to 7pm Monday to Friday commencing at the start of the academic year through to the 31 July

•        The pass will cost £200 but charged at £100 for those entitled to free school meals and free to young carers and looked after children.

•        An option of two 6 monthly payments will  ...  view the full minutes text for item 7.

This paper presents the draft Strategic Priority Statement for the Growth, Environment and Transport directorate which is the directorate level business plan for 2014-15.  The paper recaps the new business planning approach for 2014-15 and explains the role and aim of the new directorate business plans, known as Strategic Priority Statements.

(1)       The Cabinet Committee received a report of the Cabinet Member for Environment and Transport and the Corporate Director of Growth, Environment and Transport which presented for consideration the draft Strategic Priority Statement for the Growth, Environment and Transport directorate, the directorate level business plan for 2014-15. 

(2)       Mike Austerberry introduced the draft Strategic Priority Statement (SPS) for the new Growth, Environment and Transport directorate.  It embraced all of the services within the directorate which fell within the remit of two Cabinet Committees, Environment & Transport (E&T) and Growth, Economic Development and Communities (GEDC).  

(3)       The covering report set out the new business planning approach for 2014-15 and explained the role and aim of the new directorate business plans which were designed to provide summaries of the key priorities for each directorate, along with high level resourcing, risk and performance management information.

(4)       The document covers five key areas of strategic priority;

·                Finance;

·                Transformation;

·                Meeting customer needs;

·                Maximising partnerships; and

·                Recognising the value of the environment to the Kent economy.

(5)       In response to comments made and questions raised the Committee received the following additional information from officers:

·                That the key performance indicator measuring responses to routine faults included all routine complaints including pothole repair and street lighting which were also recorded separately owing to the level of public interest in these particular matters;

·                That improving responses to emergencies such as the recent flooding experience in Kent would remain a priority for the directorate but that preventative measures would also be taken to try to avoid negative consequences of such occurrences;

·                That congestion information was collated in a number of ways and local information in particular came from different sources such as Joint Transportation Boards (JTBs), KCC Officers, Kent Association of Local Councils (KALC).  The most efficient method by which Members could feed into local information or find out information was to maintain close relationships with the District Managers and Highway Stewards at KCC;

·                That tidal power was supported within the Kent Environment Strategy but that currently it was expensive to capture.  However, KCC continued to work with businesses in Kent to promote good environmental practices;

·                That comments pertaining to work placements and community services would be referred to the appropriate Cabinet Committee Chairman; and

·                That the performance priority relating to 11-16 years transport would be amended to include 16+ transport.

(6)       RESOLVED that the report be noted.

(1)       Members were assured that the following decisions; Facing the Aviation Challenge decision number 13/00025 and Household Waste Recycling Centres and Transfer Station Contract decision number 14/00035 would be considered by the Cabinet Committee before being taken by the Cabinet Member. 

(2)       RESOLVED that the draft programme of work of the Environment and Transport Cabinet Committee be noted.  

The Environment and Transport Performance Dashboard shows progress made against targets set for Key Performance Indicators.

(1)       The Cabinet Committee received a report of the Cabinet Member for Environment and Transport and the Corporate Director of Growth, Environment and Transport which detailed progress made against Environment and Transport targets set for Key Performance Indicators for the consideration of the Committee.  Richard Fitzgerald, Performance Manager, was in attendance to introduce the report and reported that positive results had been recorded in most areas.

(2)       In response to questions raised and comments made the Committee received the following further information: 

(3)       That although figures relating to waste were down on the last reporting period they were up against the same period last year.  Some fluctuation was due to seasonal impact; less green waste was generally recorded in the last quarter of the year, and in particular this year due to the heavy rainfall.  Municipal waste to energy figures had suffered as a result of extended closure of the plant at Allington for maintenance but Members were assured that this would lead to better performance in the future.

(4)       RESOLVED that the report be noted.

The Cabinet Committee is asked to note the third quarter’s full budget monitoring report for 2013-14 reported to Cabinet on 24 March 2014.

(1)       The Cabinet Committee received a report of the Cabinet Member for Environment and Transport and the Corporate Director of Growth, Environment and Transport which the third quarter’s full budget monitoring report for 2013-14 as reported to Cabinet on 24 March 2014.  Anthony Kamps, Principal Accountant, was in attendance to introduce the report and in particular referred to the following:

(2)       That this was the report for the third financial quarter and contained the main items of variance for this Committee.  For those budget responsibilities which had previously fallen within the Customer and Communities portfolio a forecast quarter 3 net underspend of £145,000 was reported.  For the budget responsibilities which had previously fallen within the Environment, Highways and Waste portfolio a net overspend of £1.17m was reported.

(3)       In response to comments made and questions raised the Committee received the following additional information from officers:

(4)       That overspends within the report were offset by underspends elsewhere in the Growth, Environment & Transport portfolio resulting in a final forecast of a £1.1m net overspend. 

(5)       That the £8.6m from government was not included in this report as this report predated the announcement.  Mike Austerberry confirmed that this was the case and added that the bad weather which the Find and Fix referred to within the report had occurred in April 2013 and was not the ‘Christmas flooding’ to which the £8.6m related.

(6)       RESOLVED that the report be noted.

This report provides information concerning two procurement processes and associated contracts to manage:

a)      Organic Waste (garden waste) – subject of Decision Number 14/00044

b)      Dry Recyclate – subject of Decision Number 14/00047

Provision is required to receive, handle, store and process household waste arising from district council kerbside collections and KCC Household Waste Recycling Centres.

(1)     The Cabinet Committee received a report of the Cabinet Member for Environment and Transport and the Corporate Director of Growth, Environment and Transport which contained information concerning two procurement processes and associated contracts to manage:

a)      Organic Waste (garden waste) – subject of Decision Number 14/00044

b)      Dry Recyclate – subject of Decision Number 14/00047

Provision was required to receive, handle, store and process household waste arising from district council kerbside collections and KCC Household Waste Recycling Centres. 

(2)       Questions were raised that the length of these contracts, an initial period of up to 6 years with a possible extension of up to 6 years based on performance, would reduce the opportunity for change in a competitive market.  In addition Members were critical of the decision being taken under the ‘Urgency Procedure’.

(3)       In relation to the issue of the Urgency Procedure Members were reassured that in both tenders the procurement processes had been carried out in line with all KCC procedures as well as national and EU legislation.  There had been some misunderstanding about the mechanism for reporting contract awards to Members but officers were confident that the procurement process had been entirely proper and elicited the best value for the Council.

(4)       In response to the comments regarding the length of contracts Members were informed that in the handling of waste material a substantial investment in plant (equipment) was required by the contractors.  The natural lifetime of a plant was between five and seven years and so this was reflected in the length of the contracts in order to achieve best value for the Council.

(5)       Members acknowledged that on occasion decisions needed to be taken before a Cabinet Committee could consider it and asked that more frequent meetings be considered.

(6)       RESOLVED that the report be noted.

This report updates Members on the process undertaken to seek authority to delegate legal authorisation for Trading Standards Officers to use the powers contained in various legislation to carry out statutory duties and to commence legal proceedings if appropriate.

(1)       The Cabinet Committee received a report of the Cabinet Member for Commercial and Traded Services and the Director of Environment, Planning & Enforcement and the Head of Regulatory Services Group which updated Members on the process undertaken to seek authority to delegate legal authorisation for Trading Standards Officers to use the powers contained in various legislation to carry out statutory duties and to commence legal proceedings if appropriate.  The Cabinet Member introduced the report explaining that previously delegation had been granted and annually renewed under the business planning process but, due to changes to that process, this governance route was no longer available. 

(2)       It had been agreed that the decision to grant delegated authority to continue operational activity within the legislative framework could not reasonably be deferred in order to conform to the normal statutory procedures. The respective spokespersons of the Cabinet Committee and Scrutiny Committee were consulted and no comments were received.

(3)     RESOLVED that the report be noted.