MANSFIELD DISTRICT COUNCIL
Report of Head of Neighbourhood Services
To
Portfolio Holder for Environment
On
TH
20 May, 2014
Agreement with Nottinghamshire County Council for the Provision of
Highways Environmental Maintenance
1.
SUMMARY
This report seeks approval to enter into a partnership agreement with
Nottinghamshire County Council to undertake the grass cutting and weed
control on the highways on behalf of the County.
Key Decision –. This is a key decision because the income for undertaking the
grass cutting and weed control for Nottinghamshire County Council is in excess of
£50,000 and therefore the report is listed on the forward plan.
2.
RECOMMENDATION
To be Resolved by Portfolio Holder for Environment
(i)
To enter into a contract with Nottinghamshire County Council for the
provision of highways grass cutting and weed control for 2014
onwards.
Recommendation to Council
(i)
That Council accept the income from Nottinghamshire County Council
in the sum of £150,000 to undertake the contract and the Councils
budget be amended accordingly.
3.
BACKGROUND
3.1
Prior to April 2012 Mansfield District Council (MDC) undertook all highways
grass cutting and weed control on behalf of Nottinghamshire County Council
(NCC) as part of a Manage and Operate Partnership (MOPs). In 2012/13
NCC took back responsibility for the delivery of weed control whilst MDC
maintained the responsibility for grass cutting. From April 2013 NCC assumed
responsibility for all highway related environmental services within Mansfield
and all other Districts of the County.
3.2
During 2013 concerns were expressed about the quality of the service
provided by NCC within the previous MOPs districts of Ashfield, Broxtowe and
Mansfield. As a result of this officers from the three districts met with NCC
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officers to discuss improvements in the way the service could be delivered in
2014. The Districts requested that NCC give consideration to the Districts
undertaking grass cutting and weed control as previously done under the
MOPs agreement and that NCC would pay the districts an agreed sum for the
delivery of grass cutting and weed control. In the spirit of partnership this sum
be sufficient to cover appropriate labour, plant and material costs without
generating financial surpluses.
3.3
Negotiations between officers have been productive and an agreement has
been reached which adequately compensates the districts for the resources
required to deliver an appropriate service standard. Accordingly on 13 th
February 2014, NCCs Transport and Highways Committee approved the
following recommendation:
That highways environmental services including grass cutting and weed
spraying in the Districts of Ashfield, Broxtowe and Mansfield are delivered by
those District Councils for the next 3 years and that this arrangement may be
extended by a further 2 years.
3.4
The Districts have since been notified by NCC of this resolution and of their
commitment to meet the agreed financial requirements to deliver the service.
Given the start date of the 2014 ‘growing season’ is imminent it is proposed
that the District Council should commence operations and incur expenditure,
with a view to formalising the arrangement in a contract which will be
developed over the next couple of months.
3.5
The Parks department will increase the number of temporary seasonal
workers to undertake this additional work. Any additional vehicles/plant
required will be either purchased or hired and will be fully funded within the
agreed contract price.
3.6
Due to the specialist nature of mass weed control MDC will subcontract this
work out and will complement this with in house spot weed control as
necessary. A procurement exercise has already been initiated.
3.7
NCC requires that the Districts cut the urban verges 5 times and the rural
verges twice a year. The Districts have committed to deliver this as a
minimum standard but will apply local variation as required to ensure the
standard delivered is commensurate with local expectations. MDC will take
advantage of integration within the Neighbourhood Services teams to
minimise the marginal costs of providing an improved standard.
3.8
The change in responsibilities will be publicised in conjunction with NCC
through press releases and the Councils website
3.9
The cyclical and responsive maintenance relating to highways trees, hedges
and landscaped areas fall outside of this agreement and they would continue
to be inspected and maintained by NCC.
4.
OPTIONS AVAILABLE
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MANSFIELD DISTRICT COUNCIL
4.1
MDC to enter into a contract with Nottinghamshire County Council for the
provision of highways grass cutting and weed control for 2014 onwards.
4.2
To retain the present approach where the highways environmental
maintenance is undertaken by NCC. This is not the preferred approach given the
levels of complaints that this generated during 2013 and the confusion it created for
residents of the district, who have for many years understood that the highways
grass cutting has been carried out by the district. Furthermore MDCs contract price
generates a saving for NCC based on their costs for undertaking the work in 2013.
5.
RISK ASSESSMENT OF RECOMMENDATIONS AND OPTIONS
Risk
Risk Assessment
Risk
Level
Risk Management
Finance
Insufficient funding to undertake
the contract
Low
Finance
MDC commences work prior to
the final contract and NCC
decides not to enter into the
contract
The standard of grass cutting in
2013 under the control of NCC
created
significant
public
criticism
Failure to maintain the grass
cutting to the expected standard
Low
Contract has been estimated using
standard rates and is supported by
the fact that MDC have carried out
this work for many years previously
NCC have notified MDC of the
resolution and of their commitment
to meet the financial requirements
for MDC to deliver the works
MDC to undertake the contract to
cut the grass and control the weeds
Reputation
Operational
6.
High
Med
Ensure all planning has been
undertaken, staff and resources are
in place at the commencement of
the contract
ALIGNMENT TO COUNCIL PRIORITIES
If MDC undertake this contract the Council will be best placed to ensure the
environment is maintained to a high standard.
7.
IMPLICATIONS
(a)
Relevant Legislation
As detailed in the report, it is intended that early operations during 2014 will
be covered by an exchange of letters while the details of a partnership
agreement are developed and finalised.
The agreement between MDC and NCC is based upon co-operation to ensure
public service performance is maintained. Both Councils have duties to
maintain certain pieces of land under s.42 of the Highways Act 1980; districts
have the power to maintain certain highways and NCC has the power to
delegate these services by contract under The Local Authorities (Goods and
Services) Act 1970.
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MANSFIELD DISTRICT COUNCIL
(b)
Human Rights
(c)
Equality and Diversity
There are no equality or diversity issues, although a better standard of grass
cutting may improve accessibility.
(d)
Climate change and environmental sustainability
(e)
Crime and Disorder
There are no significant crime and disorder issues, although improved
environmental quality can improve biophilla
(f)
Budget /Resource
There will be an annual increase to the budget of £150,000 income and this
will be fully offset with £150,000 of extra expenditure. The contract is for 3
years with the option to extend for a further 2 years.
8.
COMMENTS OF STATUTORY OFFICERS
(a) Head of Paid Service – No specific comments
(b) Monitoring Officer – The Council has the power to enter into contracts in order
to discharge its functions - Local Government (Contracts) Act 1997, S1
and the Local Government Act 2000, s2. If temporary staff are appointed
through an agency, the Council needs to take account of the Agency
Workers Regulations 2010.
(c) Section 151 Officer – Budgetary implications are as set out in the report.
9.
CONSULTATION
10.
BACKGROUND PAPERS
Report Author
Designation
Telephone
E-mail
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-
Martyn Thurman
Head of Neighbourhood Services
01623 463119
mthurman@mansfield.gov.uk