10 September 2002

COMHAIRLE NAN EILEAN SIAR

Minute of Meeting held in the Theatre, Sgoil Lionaclet, Benbecula, on Tuesday 10 September 2002 at 7.00 pm

PRESENT

Mr Alex A MacDonald (Chairman)

Mr Roderick J Murray (Vice-Chairman)

Mr Malcolm J Macleod

Mr Donald J Macsween

Mr Norman A Macdonald

Mr Archie K Campbell

Mr Malcolm J Graham

Mr Donald Maclean

Mr Angus Nicolson

Mr Martin C Taylor

Mr Murdo Macleod

Mrs Mary Bremner

Mr Norman L Macdonald

Mr Ronald J Mackinnon

Mr Angus Campbell

Mr David Blaney

Mr Donald I Nicholson

Mr Donald Manford

Mr Norman M Macleod

APOLOGIES

Mrs Katie M Mackenzie

Mr Finlay Morrison

Mr Angus M Graham

Mr Donald M Mackay

Mr Ian M Macleod

Mrs Morag Munro

Mr George Lonie

Mr Donald Macdonald

Mr Alasdair G Macrae

Mr Philip R McLean

Prayer

The Meeting was opened with Prayer led by Mr David Blaney.

Welcome

The Chairman extended a welcome to the members of the public present at the Meeting.

MINUTES

Comhairle

1

The Minute of Meeting of 20 August 2002 was approved.

QUESTIONS

Community Minibuses

2

Mr Donald I Nicholson asked the Chairman of the Arts and Leisure Committee if he would agree that the Community Minibuses provided by the Sustainable Communities Department under the Arts and Leisure Committee was an excellent facility and greatly appreciated by those who used them and would the Chairman explain the reasons why they had been withdrawn.

The Chairman replied on behalf of the Chairman of the Arts and Leisure Committee that Community Minibuses were appreciated by those who used them. Unfortunately, not enough groups are using them and that underlines why they are being withdrawn. The number of groups using Community Education Minibuses has dropped year on year for the past five years. The Comhairle are now in a position where to run three minibuses is costing the Arts and Leisure Committee £20,000 in subsidy. He was sure that Councillor Nicholson would agree that this is not sustainable, the service does not have a budget for this and has been required to cut £20,000 every year from other Arts and Leisure Budgets. Consequently, at the last budget setting meetings deficit funding for free minibuses was not included in the budget.

Mr Donald I Nicholson asked as a supplementary question that given the obvious inconvenience which the withdrawal of the service has caused, would the Chairman consider asking his Committee to make their best efforts to reinstate the service at the Council's mid-year financial review.

The Chairman responded on behalf of the Chairman of the Arts and Leisure Committee that he would be happy to consider this at the Council's mid-year review but would like to do this within the wider context of all Council Minibuses. The Chairman of Arts and Leisure Committee had asked the Director for Sustainable Communities to bring a Report to the November series of Meetings when the mid-year budget is known on this issue.

There appears to be scope to develop the sustainable minibus service if the Department worked with everyone who had a minibus, whether that was the voluntary sector, the Comhairle, or the NHS.

He indicated that the Management Team of the Comhairle had put together a multi-agency working group to do just that and hoped that they would be able to find a long-term sustainable solution.

CONSTITUTION

Proper Officer Appointment

3

The Director of Corporate Services submitted a Report regarding the appointment of Proper Officers of the Comhairle. It was stated the Mr David O' Loan, former Director of Corporate Services, who had been appointed as a Proper Officer, had left the Comhairle's appointment. It was considered appropriate that the recently appointed Director of Corporate Services Helen Angela Froud, be appointed as a Proper Officer to replace Mr O' Loan.

Mr Alex A Macdonald, seconded by Mr Roderick J Murray, moved that the Comhairle:

(1) Note that Mr David Stringer O' Loan is no longer a Proper Officer of the Comhairle as he has left the Comhairle's employment;

(2) Appoint Helen Angela Froud as a Proper Officer in terms of Section 235 of the Local Government (Scotland) Act 1973.

Mr David Blaney, seconded by Mr Norman M Macleod, moved as an amendment that all Directors be appointed as Proper Officers of the Comhairle.

On the matter being put to the vote the motion received the majority of votes cast and became the finding of the meeting.

REFERRED BUSINESS

Request for Referral: Cal-Mac Summer Timetable 2003

4

The Chief Executive submitted a Report indicating that a request had been received under the terms of Standing Order 61 to refer the decision taken that by the Transportation Committee at its meeting on 28 August 2002 in relation to the Oban - Castlebay/Lochboisdale Summer Timetables 2003 to the Comhairle. The request for referral was appended to the Report indicating that the reason for referral was that the timetable should allow three direct sailings from Lochboisdale to Oban per week and the issue concerns a particular group of Wards and the Local Members should have the opportunity to take full part in taking the decision. Also appended to the Report was the Report by the Director of Technical Services considered by the Transportation Committee at its meeting on 28 August 2002.

Mr Ronald J Mackinnon, seconded by Mrs Mairi Bremner moved in respect of the Oban - Castlebay/Lochboisdale Service that there be three direct sailings from Lochboisdale to Oban and four direct sailings from Castlebay to Oban in each week.

Mr Angus Nicolson, seconded by Mr Donald Manford moved as an amendment that the timetable prepared by Cal-Mac is inadequate and there should be an additional return sailing between Lochboisdale and Oban on Wednesday night and Thursday morning and that the Comhairle request that from 2003 MV Isle of Arran operate a service between Lochboisdale and Mallaig and MV Lord of the Isles operate between Castlebay and Oban at a level of service to be agreed by the Comhairle and the Community.

It was agreed in terms of Standing Order 54 that the vote be taken by calling the roll.

On the matter being put to the vote, there voted as follows:

Motion Amendment

Mr Alex A Macdonald Mr Angus Nicolson

Mr Roderick J Murray Mr Donald Manford

Mr Malcolm J Macleod

Mr Norman A Macdonald

Mr Malcolm H Graham

Mr Murdo Macleod

Mr Norman L Macdonald

Mr Angus Campbell

Mr Donald I Nicholson

Mr Norman M Macleod

Mr Donald J Macsween

Mr Archie K Campbell

Mr Donald Maclean

Mr Martin C Taylor

Mrs Mary Bremner

Mr Ronald J Mackinnon

Mr David Blaney

The Chairman declared that the Motion had been carried.

Referral from Transportation Committee: Clyde and Hebrides Ferry Service Consultation

5

The Chief Executive submitted a Report indicating that the Transportation Committee had referred consideration of the Comhairle's response on the consultation on the Clyde and Hebrides Ferry Service to the Comhairle. The Report by the Director of Technical Services considered by the Transportation Committee at its meeting on 28 August 2002 was appended to the Report.

The Director of Technical Services submitted a supplementary Report setting out a proposed response to the Consultation, taking account of further comments received. The Director of Technical Services reported further that he had contacted the Scottish Executive regarding the request to grant an extension to the deadline for responses and had been advised that the Executive would not grant an extension to time.

It was agreed that the Director of Technical Services be authorised, in consultation with the Chairman of the Transportation Committee, to submit a response to the Scottish Executive based on the comments in the Report, views expressed by members and incorporating appropriate feedback for the meeting proposed in Barra.

COMMITTEES

Committee Decision Reports

6

Committee Decision Reports were submitted as undernoted.

The Comhairle noted the Decisions of the Committees and approved the recommendations in those items referred from Committees, unless otherwise indicated:

(1) Arts and Leisure Committee - 27 August 2002

It was agreed to approved the recommendations in Item 2 of the Decision Report.

(2) Housing Committee - 27 August 2002

It was agreed to approve the recommendations in Item 14 of the decision report.

(3) Education Committee - 28 August 2002

It was agreed to approve the recommendations in Item 5 of the decision Report.

(4) Environmental Services Committee - 28 August 2002

It was agreed to approve the recommendations in Item 4 of the decision Report.

(5) Transportation Committee - 28 August 2002

It was agreed to approved the recommendations in Item 6 of the decision Report.

(6) Sustainable Development Committee - 28 August 2002

It was agreed to approve the recommendation in Item 4 of the Decision Report

(7) Social Work Committee - 29 August 2002

It was agreed to approve the recommendations Item 3 of the decision Report.

(8) Standards and Scrutiny Committee - 9 September 2002

It was agreed to approve the recommendations in the following Items of the decision Report:

Item 4 - Environmental Services Committee: Functions

Item 5 - Notice of Motion: Correspondence

Item 6 - Delegated Authority for unpaid Special Leave

Item 8 - Best Value Review of Ground Maintenance

(9) Policy and Finance Committee:

(a) Minute of Meeting of 26 August 2002

It was agreed to approve the recommendations in item 5 of the Minute.

(b) Decision Report of 10 September 2002

NOTICE OF MOTION

Community Minibuses

7

In accordance with Standing Order 31 Mr Donald Nicholson, seconded by Mr Norman M Macleod submitted a Notice of Motion in the following terms:

That the Comhairle request a Report to the next Arts & Leisure and Education Committee's for the respective interest, on the continued provision of minibuses to schools and community groups.

It was agreed in terms of Standing Order 32 that the Notice of Motion be referred to the next meetings of the Arts and Leisure Committee and the Education Committee.

ADDITIONAL BUSINESS

The Chairman ruled in terms of Standing Order 8 that the following Item be considered as a matter of urgency in order to enable the Comhairle to respond to a request for assistance by a deadline which fell on 19 September 2002.

North Harris Community Steering Group

8

The Chairman referred to a letter from the North Harris Community Steering Group which had been established to investigate the possibility of purchasing the North Harris Estate. It was indicated in the letter that the Steering Group had commissioned a feasibility study which had shown that it was possible for the Committee to purchase the land and other assets and manage and develop these while generating a revenue surplus. It was indicated that the findings would be presented to the community, to be followed by a postal ballot with the result to be announced on Tuesday 17 September 2002. It was stated that, if the result was positive, a funding application would be considered by the Scottish Land Fund on 18 September 2002 and the bid submitted for the estate by the closing date of 19 September 2002. It was stated that any bid to the Scottish Land Fund would be enhanced if it could demonstrate the support of local organisations in addition to support the local community. The Steering Group requested the Comhairle to give its backing to the Community in its efforts to purchase the North Harris Estate and to consider the provision of funding towards the purchase of the Estate.

It was agreed to:

(1) welcome the opportunity to support, in principle, the efforts of the North Harris Community to purchase the North Harris Estate; and

(2) consider the possibility of providing, as requested, a small contribution towards the purchase of the Estate with in the Comhairle's available powers, as and when the community submits a detailed proposal.

The Chairman ruled in terms of Standing Order 8 the following item be considered as a matter of urgency in order to enable the acceptance of a tender for contracts which were due to begin October 2002.

It was agreed that the Public, including the press be excluded from the meeting during consideration of the following Item on the grounds that exempt information as defined in paragraph 8 of schedule 7A of the Local Government (Scotland) Act 1973 would be disclosed, namely, the amount of any expenditure proposed be incurred by the Comhairle under any particular contract for the acquisition of property for the supply of goods or services.

Mr Angus Nicolson and Mr Murdo Macleod, having declared an interest, left the meeting during consideration of the following item.

Ice Gritting and Snow Clearing 2002 -2006

9

The Director of Technical Services submitted a Report regarding tenders received for the ice gritting and snow clearing contracts for the period 2002 - 2006. Appended to the Report was the assessment by the Comhairle's external consultants, Libre Consulting Ltd.

It was agreed:

(1) to award the following contracts as noted:

(a) Lot 1 - North Lewis to D Mackay and Sons

(b) Lot 2 - East of Lewis to John Maciver and Sons

(c) Lot 3 - West Lewis to Angus Maciver Ltd (subject to clarification of the rates quoted with respect to the application of ice gritting materials)

(d) Lot 4 - Stornoway Town to Martin Smith and Sons;

(2) to authorise the Director of Technical Services to negotiate with the undernoted contractors in respect of the following contracts:

(a) I A & C Maciver with respect to Lot 5 - Uig and Bernera;

(b) Aggregate Industries and William Mackenzie with respect to Lot 6 - South Lewis and North Harris;

(c) A Macdonald with respect to Lot 7 - North Uist and Berneray;

(d) D Macaulay, Askernish with respect to Lot 8 - Benbecula to Eriskay;

(e) John Maclennan with respect to Lot 9 - Barra

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PRESENT	Mr Alex A MacDonald (Chairman)
	Mr Roderick J Murray (Vice-Chairman)
	Mr Malcolm J Macleod	Mr Donald J Macsween
	Mr Norman A Macdonald	Mr Archie K Campbell
	Mr Malcolm J Graham	Mr Donald Maclean
	Mr Angus Nicolson	Mr Martin C Taylor
	Mr Murdo Macleod	Mrs Mary Bremner
	Mr Norman L Macdonald	Mr Ronald J Mackinnon
	Mr Angus Campbell	Mr David Blaney
	Mr Donald I Nicholson	Mr Donald Manford
	Mr Norman M Macleod


APOLOGIES	Mrs Katie M Mackenzie	Mr Finlay Morrison
	Mr Angus M Graham	Mr Donald M Mackay
	Mr Ian M Macleod	Mrs Morag Munro
	Mr George Lonie	Mr Donald Macdonald
	Mr Alasdair G Macrae
	Mr Philip R McLean

Prayer		The Meeting was opened with Prayer led by Mr David Blaney.
Welcome		The Chairman extended a welcome to the members of the public present at the Meeting.
		MINUTES
Comhairle	1	The Minute of Meeting of 20 August 2002 was approved.
		QUESTIONS
Community Minibuses	2	Mr Donald I Nicholson asked the Chairman of the Arts and Leisure Committee if he would agree that the Community Minibuses provided by the Sustainable Communities Department under the Arts and Leisure Committee was an excellent facility and greatly appreciated by those who used them and would the Chairman explain the reasons why they had been withdrawn.
		The Chairman replied on behalf of the Chairman of the Arts and Leisure Committee that Community Minibuses were appreciated by those who used them. Unfortunately, not enough groups are using them and that underlines why they are being withdrawn. The number of groups using Community Education Minibuses has dropped year on year for the past five years. The Comhairle are now in a position where to run three minibuses is costing the Arts and Leisure Committee £20,000 in subsidy. He was sure that Councillor Nicholson would agree that this is not sustainable, the service does not have a budget for this and has been required to cut £20,000 every year from other Arts and Leisure Budgets. Consequently, at the last budget setting meetings deficit funding for free minibuses was not included in the budget. Mr Donald I Nicholson asked as a supplementary question that given the obvious inconvenience which the withdrawal of the service has caused, would the Chairman consider asking his Committee to make their best efforts to reinstate the service at the Council's mid-year financial review. The Chairman responded on behalf of the Chairman of the Arts and Leisure Committee that he would be happy to consider this at the Council's mid-year review but would like to do this within the wider context of all Council Minibuses. The Chairman of Arts and Leisure Committee had asked the Director for Sustainable Communities to bring a Report to the November series of Meetings when the mid-year budget is known on this issue. There appears to be scope to develop the sustainable minibus service if the Department worked with everyone who had a minibus, whether that was the voluntary sector, the Comhairle, or the NHS. He indicated that the Management Team of the Comhairle had put together a multi-agency working group to do just that and hoped that they would be able to find a long-term sustainable solution.
		CONSTITUTION
Proper Officer Appointment	3	The Director of Corporate Services submitted a Report regarding the appointment of Proper Officers of the Comhairle. It was stated the Mr David O' Loan, former Director of Corporate Services, who had been appointed as a Proper Officer, had left the Comhairle's appointment. It was considered appropriate that the recently appointed Director of Corporate Services Helen Angela Froud, be appointed as a Proper Officer to replace Mr O' Loan. Mr Alex A Macdonald, seconded by Mr Roderick J Murray, moved that the Comhairle: (1) Note that Mr David Stringer O' Loan is no longer a Proper Officer of the Comhairle as he has left the Comhairle's employment; (2) Appoint Helen Angela Froud as a Proper Officer in terms of Section 235 of the Local Government (Scotland) Act 1973. Mr David Blaney, seconded by Mr Norman M Macleod, moved as an amendment that all Directors be appointed as Proper Officers of the Comhairle. On the matter being put to the vote the motion received the majority of votes cast and became the finding of the meeting.
		REFERRED BUSINESS
Request for Referral: Cal-Mac Summer Timetable 2003	4	The Chief Executive submitted a Report indicating that a request had been received under the terms of Standing Order 61 to refer the decision taken that by the Transportation Committee at its meeting on 28 August 2002 in relation to the Oban - Castlebay/Lochboisdale Summer Timetables 2003 to the Comhairle. The request for referral was appended to the Report indicating that the reason for referral was that the timetable should allow three direct sailings from Lochboisdale to Oban per week and the issue concerns a particular group of Wards and the Local Members should have the opportunity to take full part in taking the decision. Also appended to the Report was the Report by the Director of Technical Services considered by the Transportation Committee at its meeting on 28 August 2002. Mr Ronald J Mackinnon, seconded by Mrs Mairi Bremner moved in respect of the Oban - Castlebay/Lochboisdale Service that there be three direct sailings from Lochboisdale to Oban and four direct sailings from Castlebay to Oban in each week. Mr Angus Nicolson, seconded by Mr Donald Manford moved as an amendment that the timetable prepared by Cal-Mac is inadequate and there should be an additional return sailing between Lochboisdale and Oban on Wednesday night and Thursday morning and that the Comhairle request that from 2003 MV Isle of Arran operate a service between Lochboisdale and Mallaig and MV Lord of the Isles operate between Castlebay and Oban at a level of service to be agreed by the Comhairle and the Community.
		It was agreed in terms of Standing Order 54 that the vote be taken by calling the roll. On the matter being put to the vote, there voted as follows: Motion Amendment Mr Alex A Macdonald Mr Angus Nicolson Mr Roderick J Murray Mr Donald Manford Mr Malcolm J Macleod Mr Norman A Macdonald Mr Malcolm H Graham Mr Murdo Macleod Mr Norman L Macdonald Mr Angus Campbell Mr Donald I Nicholson Mr Norman M Macleod Mr Donald J Macsween Mr Archie K Campbell Mr Donald Maclean Mr Martin C Taylor Mrs Mary Bremner Mr Ronald J Mackinnon Mr David Blaney The Chairman declared that the Motion had been carried.
Referral from Transportation Committee: Clyde and Hebrides Ferry Service Consultation	5	The Chief Executive submitted a Report indicating that the Transportation Committee had referred consideration of the Comhairle's response on the consultation on the Clyde and Hebrides Ferry Service to the Comhairle. The Report by the Director of Technical Services considered by the Transportation Committee at its meeting on 28 August 2002 was appended to the Report. The Director of Technical Services submitted a supplementary Report setting out a proposed response to the Consultation, taking account of further comments received. The Director of Technical Services reported further that he had contacted the Scottish Executive regarding the request to grant an extension to the deadline for responses and had been advised that the Executive would not grant an extension to time.
		It was agreed that the Director of Technical Services be authorised, in consultation with the Chairman of the Transportation Committee, to submit a response to the Scottish Executive based on the comments in the Report, views expressed by members and incorporating appropriate feedback for the meeting proposed in Barra.

		NOTICE OF MOTION
Community Minibuses	7	In accordance with Standing Order 31 Mr Donald Nicholson, seconded by Mr Norman M Macleod submitted a Notice of Motion in the following terms: That the Comhairle request a Report to the next Arts & Leisure and Education Committee's for the respective interest, on the continued provision of minibuses to schools and community groups.
		It was agreed in terms of Standing Order 32 that the Notice of Motion be referred to the next meetings of the Arts and Leisure Committee and the Education Committee.
		ADDITIONAL BUSINESS
		The Chairman ruled in terms of Standing Order 8 that the following Item be considered as a matter of urgency in order to enable the Comhairle to respond to a request for assistance by a deadline which fell on 19 September 2002.
North Harris Community Steering Group	8	The Chairman referred to a letter from the North Harris Community Steering Group which had been established to investigate the possibility of purchasing the North Harris Estate. It was indicated in the letter that the Steering Group had commissioned a feasibility study which had shown that it was possible for the Committee to purchase the land and other assets and manage and develop these while generating a revenue surplus. It was indicated that the findings would be presented to the community, to be followed by a postal ballot with the result to be announced on Tuesday 17 September 2002. It was stated that, if the result was positive, a funding application would be considered by the Scottish Land Fund on 18 September 2002 and the bid submitted for the estate by the closing date of 19 September 2002. It was stated that any bid to the Scottish Land Fund would be enhanced if it could demonstrate the support of local organisations in addition to support the local community. The Steering Group requested the Comhairle to give its backing to the Community in its efforts to purchase the North Harris Estate and to consider the provision of funding towards the purchase of the Estate.
		It was agreed to: (1) welcome the opportunity to support, in principle, the efforts of the North Harris Community to purchase the North Harris Estate; and (2) consider the possibility of providing, as requested, a small contribution towards the purchase of the Estate with in the Comhairle's available powers, as and when the community submits a detailed proposal.
		The Chairman ruled in terms of Standing Order 8 the following item be considered as a matter of urgency in order to enable the acceptance of a tender for contracts which were due to begin October 2002.
		It was agreed that the Public, including the press be excluded from the meeting during consideration of the following Item on the grounds that exempt information as defined in paragraph 8 of schedule 7A of the Local Government (Scotland) Act 1973 would be disclosed, namely, the amount of any expenditure proposed be incurred by the Comhairle under any particular contract for the acquisition of property for the supply of goods or services.
		Mr Angus Nicolson and Mr Murdo Macleod, having declared an interest, left the meeting during consideration of the following item.
Ice Gritting and Snow Clearing 2002 -2006	9	The Director of Technical Services submitted a Report regarding tenders received for the ice gritting and snow clearing contracts for the period 2002 - 2006. Appended to the Report was the assessment by the Comhairle's external consultants, Libre Consulting Ltd.
		It was agreed: (1) to award the following contracts as noted: (a) Lot 1 - North Lewis to D Mackay and Sons (b) Lot 2 - East of Lewis to John Maciver and Sons (c) Lot 3 - West Lewis to Angus Maciver Ltd (subject to clarification of the rates quoted with respect to the application of ice gritting materials) (d) Lot 4 - Stornoway Town to Martin Smith and Sons; (2) to authorise the Director of Technical Services to negotiate with the undernoted contractors in respect of the following contracts: (a) I A & C Maciver with respect to Lot 5 - Uig and Bernera; (b) Aggregate Industries and William Mackenzie with respect to Lot 6 - South Lewis and North Harris; (c) A Macdonald with respect to Lot 7 - North Uist and Berneray; (d) D Macaulay, Askernish with respect to Lot 8 - Benbecula to Eriskay; (e) John Maclennan with respect to Lot 9 - Barra
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