Housing, Dundee Contract Services And Environment Services Committee - 20/02/2006

At a MEETING of the ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE held at Dundee on 20th February 2006.

Present:-

BAILIES

COUNCILLORS

Councillor STURROCK, Convener, in the Chair.

The minute of meeting of this Committee of 16th January 2006 was held as read.

Unless marked thus * all items stand delegated.

I SUSTAINABILITY POLICY

There was submitted Joint Report No 110-2006 by the Assistant Chief Executive (Community Planning) and Head of Waste Management seeking approval for the formal adoption of the Council's Sustainability Policy.

The Committee agreed:-

(i) to formally adopt the Sustainability Policy for Dundee City Council;

(ii) the Corporate Priorities and Sustainability Policy Action Plan as outlined;

(iii) that the "Local Agenda 21 Implications" statement present in all Committee Reports be replaced by a "Sustainability Policy Implications" statement and which would include any applicability to the Council's duties under Strategic Environmental Assessment;

(iv) that the Sustainability Policy Implementation Group continue to drive forward relevant aspects of the Council's Sustainability Policy as set out in the report; and

(v) to remit the Sustainability Policy Review Group to report back annually to the Environmental Services and Sustainability Committee with progress on implementing the Policy, Corporate Priorities and Action Plan.

II INTRODUCTION OF SMOKING PROHIBITION REGULATIONS

There was submitted Report No 130-2006 by the Head of Environmental Health and Trading Standards seeking approval of the measures which would be put in place to enforce the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006.

The Committee agreed:-

(i) that the Head of Environmental Health and Trading Standards, or appropriate nominated officer, be authorised under the Smoking, Health and Social Care (Scotland) Act 2005 to enforce the provisions of the regulations and to enter and search any non-smoking premises;

(ii) to delegate authority to Enforcement Officers from within Environmental Health and Trading Standards to issue fixed penalties under Section 6 of the Smoking, Health and Social Care (Scotland) Act 2005;

(iii) that the Environmental Health and Trading Standards Department follows the Guidance for Officers involved in the Enforcement of Provisions of the Smoking, Health and Social Care (Scotland) Act 2005: which had been prepared jointly by the Royal Environmental Health Institute of Scotland (REHIS), the Society of Chief Officers of Environmental Health (SoCOEH), the Convention of Scottish Local Authorities (COSLA), the Crown Office and Procurator Fiscal Service, the Association of Chief Police Officers in Scotland (ACPOS) and the Scottish Executive Health Department;

(iv) that the Environmental Health and Trading Standards Department works with partner organisations such as NHS Tayside to raise awareness of the availability of smoking cessation services, thus maximising the success of the smoking prohibition legislation; and

(v) that the Head of Environmental Health and Trading Standards, or nominee, be delegated the responsibility of hearing appeals, to accommodate the requirement of the Council to hold a Hearing, in relation to any appeal against the issue of a fixed penalty notice; and

(vi) that the findings of Appeal Hearings to be reported to the Environmental Services and Sustainability Committee.

III SEAGULL-PIGEON SURVEY

There was submitted Report No 126-2006 by the Head of Environmental Health and Trading Standards on the outcome of a survey of residents/commercial businesses in Dundee City Centre about the seagull/pigeon issue and potential further action.

The Committee agreed:-

(i) to note the findings of the survey contained within the report; and

(ii) to approve the implementation of the undernoted proposals which would be led by the Environmental Health and Trading Standards Department:-

— liaison with the Waste Management Department with regard to improving the refuse collection procedures within the city centre;

— encourage city centre traders particularly food premises to dispose of waste food in the appropriate manner and at the correct time;

— signs instructing the public not to feed the pigeons have proved to be very successful in City Square. Examine the potential of extending this initiative to other areas and raise awareness in schools;

— Examine possible sanctions to be taken against persistent bird feeders who deliberately feed large quantities of seeds, grain, bread, peanuts, etc to wild birds in public areas;

— Pest Control Service to approach owners of affected properties with regard to the provision of bird proofing and other control measures;

— Identify and apply for funding to undertake bird proofing and other control measures in targeted areas where the main problems exist.

IV INTRODUCTION OF A SERVICE TO IMPLEMENT PART 5 (NOISE NUISANCE) OF THE ANTISOCIAL BEHAVIOUR SCOTLAND ACT 2004

There was submitted Report No 140-2006 by the Head of Environmental Health and Trading Standards seeking approval to adopt the noise nuisance provisions of Part 5 of the Antisocial Behaviour etc (Scotland) Act 2004 including proposals for setting up a Night Time Noise Team which would provide an additional resource to tackle antisocial behaviour in the city.

The Committee agreed:-

(i) to resolve to implement the provisions of Part 5 of the Antisocial Behaviour etc (Scotland) Act 2004 in respect of noise nuisance;

(ii) by resolution, in terms of Section 41 of the Antisocial Behaviour etc (Scotland) Act 2004, to specify Monday to Sunday 1900 hours to 0700 hours every week as the noise control period, with the exception of the Christmas/New Year Council closure periods, beginning at the earliest on 1st May 2006;

(iii) to instruct the Depute Chief Executive (Support Services) to prepare the necessary legal documentation for the resolution and to advertise the said resolution as required;

(iv) to the proposals in the report and to the principles on which the Night Time Noise Team would operate;

(v) to delegate to the Head of Environmental Health and Trading Standards to make arrangements as necessary to set up and operate the Night Time Noise Team;

(vi) that once the Enforcement Officers (Night Time Noise Team) had completed the appropriate training, they be authorised to enforce the provisions under Part 5 of the Antisocial Behaviour etc (Scotland) Act 2004;

(vii) to instruct the Head of Environmental Health and Trading Standards to report annually within the Councils performance framework on the operation of the Service and to report by 30th September 2007 with an evaluation of the Service in order to inform Committee with regard to future funding; and

(viii) to delegate authority to the Head of Environmental Health and Trading Standards, or appropriate nominated officer, to issue fixed penalty notices under Section 46 of the Antisocial Behaviour etc (Scotland) Act 2004.

V DECLARATION OF AIR QUALITY MANAGEMENT AREA

There was submitted Report No 108-2006 by the Head of Environmental Health and Trading Standards on the Council's statutory requirement to declare an Air Quality Management Area (AQMA) in the city and outlining the procedure involved in undertaking the further assessment ("Stage 4") and Action Planning processes that follows the declaration.

The Committee agreed:-

(i) to note the requirement to declare an Air Quality Management Area and the need to undertake the further assessment of air quality to inform and support an Air Quality Action Plan;

(ii) that the Action Plan would help the Council actively work towards meeting and maintaining the National Air Quality Standard (NAQS) required; and

(iii) to the following measures which would assist the Council in meeting its statutory obligations for air quality management in the city:

7                      the declaration of an Air Quality Management Area covering the whole of the local authority area;

7                      the appointment of a specialist consultant (Casella Stanger) to assist the Council with the development and the initial stages of the implementation of an Air Quality Action Plan; and

7                      the setting up of a Working Group of all appropriate internal and necessary external stakeholders to develop and implement an Air Quality Management Action Plan led by Corporate Planning Department.

VI PURCHASE OF VEHICLES

There was submitted Report No 144-2006 by the Head of Waste Management seeking authority for the purchase of two vehicles.

The Committee agreed to accept the price of the vehicles detailed below which would be procured via the ABC pricing framework:-

VII RATIONALISATION OF TEMPORARY ACCOMMODATION

There was submitted Report No 145-2006 by the Head of Waste Management seeking authority to purchase six portable office cabins which were on long term hire at various operational depots within the Waste Management Department and install permanent utility services to one cabin. This rationalisation of staff accommodation would allow the withdrawal from service of three office cabins and the removal from long term hire of four portable office cabins.

The Committee agreed to accept the offers for supplies and services as follows:-

VIII SUPPLY OF STANDBY SHREDDER AND REPLACEMENT CUTTERS

There was submitted Report No 143-2006 by the Head of Waste Management seeking authority to purchase an additional shredder and a spare set of cutters and associated parts for the Mattress and Sprung Furniture Recycling Unit at the Baldovie Waste Recycling and Processing Plant within the Waste Management Department.

The Committee agreed to accept the offer from Martin Environmental Limited, Ballyclare, amounting to 104,728.94.

IX PURCHASE OF ROLONOF CONTAINERS

With reference to Article III of minute of meeting of 22nd August 2005 wherein offers were accepted from OPSA UK (the lowest tenderer) for the supply of skip and rolonof containers.

There was submitted agenda note AN67-2006 reporting that the company had agreed to retain this price to 31st March 2006.

It was also reported that a new Recycling Centre at Baldovie was scheduled to open in April 2006 and twenty 40 cubic yard containers were required to service this site.

The Committee agreed to the purchase of 20 containers at a total price of 54,600 including delivery from OPSA UK.

X PURCHASE OF PLASTIC BOXES FOR RECYCLATES

With reference to Article III of the minute of meeting of 16th January 2006 which detailed projects planned for implementation in 2006/2007 under the National Waste Strategy and reference to Article III to the minute of meeting of 20th December 2004 wherein offers were accepted from Straight plc for the supply of boxes and nets.

There was submitted Agenda Note AN68-2006 reporting that the Company had agreed to retain the previously quoted price.

The Committee agreed to accept the offer amounting to 22,625 for the supply of 10,500 boxes and 11,000 nets from Straight Plc.

XI INSTITUTE OF WASTE MANAGEMENT - ANNUAL CONFERENCE

There was submitted Agenda Note AN69-2006 reporting that that the Institute of Waste Management's annual conference would take place from 12th to 16th June in Torbay.

The cost of attendance would be approximately 300 per delegate excluding travel and subsistence allowances.

The Committee agreed that elected member attendance be on the basis of the Convener or nominee.

XII CONFERENCE - SOLAR CITIES CONGRESS

There was submitted Agenda Note AN70-2006 reporting that a conference would be held from Monday, 3rd April to Thursday, 6th April 2006 at the University of Oxford.

This would be an international conference with speakers from different countries with a common theme of Solar Cities.

The cost of attendance would be approximately 470 per delegate (including VAT) excluding travel, subsistence and accommodation allowances.

The Committee agreed that elected member attendance be on the basis of the Convener or nominee.

JULIA M STURROCK, Convener.