mco0104

COMHAIRLE NAN EILEAN SIAR

Minute of Meeting held in the Council Offices, Stornoway, on Tuesday 24 April 2001 at 7.00 pm

PRESENT

Mr Alexander A Macdonald (Chairman)

Mr Roderick J Murray (Vice-Chairman)

Mrs Katie M Mackenzie

Mr Philip R McLean

Mr Malcolm J Macleod

Mr Donald I Nicholson

Mr Iain Morrison

Mr Norman M Macleod

Mr Roderick Morrison

Mr Donald J Macsween

Mr Norman A Macdonald

Mr Finlay Morrison

Mr Angus M Graham

Mrs Morag Munro

Mr Malcolm J Graham

Mr Donald Macdonald

Mr Ian M Macleod

Mr Archie Campbell

Mr George Lonie

Mr Donald Maclean

Mr Angus Nicolson

Mr James L McArthur

Mr Murdo Macleod

Mrs Mary Bremner

Mr Norman L Macdonald

Mr Ronald J Mackinnon

Mr Alasdair G Macrae

Mr David Blaney

Mr Angus Campbell

Mr Donald Manford

APOLOGIES

Mr Donald M Mackay

Prayer

The Meeting was opened with Prayer led by Mr Ian M Macleod.

Tribute: Mr Donald Macleod

The Chairman referred to the death of Mr Donald Macleod who had been a Member of the Comhairle for the Shawbost Ward from 1982-97. Mr Macleod had been Chairman of the Education Committee from 1986-91, becoming Convener in 1991 to 1994, and thereafter Chairman of the Arts and Leisure Committee. The Chairman paid tribute to his work and abilities, both in his work for the Comhairle and in representing his constituents and conveyed condolences to Mr Macleod's family in their sad loss.

Tribute: Stornoway Rugby Club

On behalf of the Comhairle, the Chairman extended congratulations to Stornoway Rugby Club on their success in winning the Highland Treble of the league, Brin Shield and Highland League Cup in the current season.

Tribute: Miss Alison Smith

On behalf of the Comhairle, the Chairman extended congratulations to Alison Smith, a pupil at the Nicolson Institute, who had been selected for the Scottish Under-16 Girls Football Squad for two games against the English Under-16 Girls Team on 18 and 20 April.

Tribute: Mr Bill Lucas

On behalf of the Comhairle, the Chairman extended congratulations to Mr Bill Lucas who has recently celebrated 40 years of journalism for the Western Isles.

MINUTES

Comhairle

6

The Minutes of Meetings of 20 February 2001 (2 meetings) and 28 March 2001 were approved.

Emergency Powers

7

The Minute of Meeting of 7 March 2001 was noted.

APPOINTMENTS

Comhairle Nominations to Stornoway Pier and Harbour Commission

8

The Director of Corporate Services submitted a Report seeking nominations for three Elected Members to serve on the Stornoway Pier and Harbour Commission for the period 1 May 2001 to 30 April 2004. It was indicated that under the terms of the Stornoway Harbour Order Confirmation Act 1976, as amended, the Comhairle's representatives must be drawn from the Elected Members for the Newton, Goathill, Bayhead and Manor Park Wards. It was further indicated that while the Comhairle was being asked to nominate Members to serve on the Pier and Harbour Commission for a three year period, there were two issues which would impact on their term of office.

(1) the Local Government Elections, now scheduled to be held in 2003, subject to the appropriate legislation passing through the Scottish Parliament. Following the election, fresh nominations will be made to the Pier and Harbour Commission; and

(2) the Harbour Revision Order which will be promoted to introduce a new system of appointment of members of the Stornoway Pier and Harbour Commission.

It was agreed:

(1) to nominate Mr Norman L Macdonald, Mr Alasdair G Macrae and Mr Angus Campbell to serve on the Stornoway Pier and Harbour Commission for the period from 1 May 2001 to 30 April 2004; and

(2) to make further representations to the Stornoway Pier and harbour Commission to widen the definition of the wards from which the Comhairle could nominate members to serve on the Commission when the Commission was promoting the forhtcoming Harbour Revision Order.

Advisory Committee on Residential Care Establishments

5

The Director of Corporate Services submitted a Report seeking the appointment of one Member to serve on the Advisory Committee on Residential Care Establishments. Details of the functions of the Advisory Committee were outlined in the Report.

It was agreed to appoint Mr Donald I Nicholson to serve on the Advisory Committee on Residential Care Establishments.

COMMITTEES

Committees

6

Committee Decision Reports were submitted as undernoted. Unless otherwise indicated, the Comhairle approved the recommendations of the Committees and noted the decisions where these related to delegated functions.

(1) Arts and Leisure Committee - 27 March 2001

In respect of item 4 of the decision report, it was agreed to adopt the recommendation of the Policy and Resources Committee regarding refurbishment of the Town Hall, Stornoway.

(2) Housing Committee - 27 March 2001

(3) Education Committee - 27 March 2001 with the exception of items 30 and 32.

In respect of item 32 of the decision report, it was agreed that the name of the new school currently under construction in Leurbost be "Sgoil nan Loch".

Mr Norman L Macdonald, seconded by Mrs Morag Munro, moved approval of the recommendation in item 30 of the decision report.

Mr Donald Manford, seconded by Mr Angus Nicolson, moved as an amendment that the request from the Macmillan Cancer Relief Fundraising Committee for an exemption on an annual basis from the ban on the sale of alcohol in Castlebay School be granted.

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

(4) Environmental Services Committee - 28 March 2001

(5) Transportation Committee - 28 March 2001

(6) Development Services Committee - 28 March 2001 with the exception of item 14.

Mr Donald Maclean, seconded by Mr Archie Campbell, moved approval of the recommendation in item 14 of the decision report.

Mr Ian M Macleod, seconded by Mr Angus Campbell, moved as an amendment that outline planning permission to erect a church at 1A North Street, Sandwick, Isle of Lewis be refused for the following reasons:

Notwithstanding the indication that has been given that 88 car parking places could be provided on the application site, this would be short of that required to meet the likely demand at times when the Church would attract large congregations (e.g. at funerals, weddings, etc) which would lead to on-street parking on Sandwick Road to the detriment of road safety on a very busy road. Of particular concern would be the likely restriction of emergency vehicles responding to Stornoway Airport in the event of an aircraft incident, accident or full emergency.

The applicant Church is expected to be attended by people from many parts of the Island of Lewis. For such development and use, the proposed site is considered to be in appropriate as it lies outwith Stornoway which, in accordance with the strategic settlement policy in the Western Isles Structure Plan, should be the preferred location for such development.

As the development would extend over agricultural land between North Street and Stornoway it would represent undesirable ribbon development that could lead toward a coalescence of Sandwick and Stornoway. Accordingly, it would be contrary to Policy PD7 of the Western Isles Structure Plan and Policy EVN22 of the Finalised Broadbay Local Plan.

The proposed development would result in the loss of good quality crofting land in the vicinity of Stornoway and the existing agricultural employment associated with this use, and this would be contrary to Policy PA2 in the Western Isles Structure Plan.

The number of objections (five individual letters and 39 pro-forma objections) indicates a weight of local opposition to the proposed development which, in accordance with Scottish Executive advice, must be taken as a material consideration.

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

(7) Social Work Committee - 29 March 2001

(8) Contract Services Committee - 29 March 2001

(9) Policy and Resources Committee - 24 April 2001 with the exception of item 2 (item 34), item 16

In respect of the recommendation in item 34 of item 2 of the decision report (minute of meeting of the Finance Sub-Committee of 26 March 2001) it was agreed to approve the recommendations with the addition of the following:

In light of the implications for Council Tax Billing and recovery, a report be submitted on the recent consultation by the Scottish Executive on a Water Charges rebate scheme as to how it is going to be implemented by the Comhairle.

Mr James L McArthur, seconded by Mr Finlay Morrison, moved as an amendment to the decision report that a further recommendation be included in item 16 of the decision report in the following terms:

That given the success of the previous Ward initiative fund in strengthening and assisting community groups, the Comhairle institute a new Ward initiative fund at £5,000 per Ward, to be financed under the requirements of Standing Order 75 by savings, details of which were circulated to the meeting.

The Chairman ruled that, since the proposal related to the budgets for 2001/02 which had been set on 20 February 2001, it would be necessary to suspend Standing Orders to consider the proposal.

On a vote being taken to suspend Standing Orders to enable consideration of the proposal, the motion failed to receive the consent of two-thirds of the members present as required under the terms of Standing Order 69.

Mr Ronald J Mackinnon indicated that he wished to move an amendment to item 7 of the decision report that in respect of recommendation 5 of the report, the election of Chairmen and Vice-Chairmen of committees be conducted by the Comhairle and that the Vice-Convener be appointed as ex officio Chairman of the Policy and Finance Committee.

The Chairman ruled that, since the proposal related to a decision of the Comhairle taken on 28 March 2001, it would be necessary to suspend Standing Orders to consider the proposal.

On a vote being taken to suspend Standing Orders to enable consideration of the proposal, the motion failed to receive the consent of two-thirds of the members present as required under the terms of Standing Order 69.

Mr Roderick J Murray, seconded by Mr Norman L Macdonald, moved approval of the recommendations in item 16 of the decision report.

Mr Angus M Graham, seconded by Mr James L McArthur, moved as an amendment that a further recommendation be included in item 16 of the decision report in the following terms:

That given the success of the previous Ward initiative fund in strengthening and assisting community groups, the Comhairle institute a new Ward initiative fund at £5,000 per Ward, to be financed under the requirements of Standing Order 44 by the following savings:

Budget Working Papers (Green Book):

Education, Page 5.1 £5,000

Environmental Services, Page 5.5 £15,000

Housing, Page 5.6 £3,000

Arts and Leisure, Page 5.10 £10,000

Policy and Resources, Page 5.11 £17,000

Chief Executive's Office, Page 5.13 £2,000

Finance, Page 5.15 £15,000

Section Total £67,000

1% of Supplies and Services Budget as per Budget Book by Department:

Education £9,055

Social Work £5,234

Environmental Services £5,901

Housing £2,773

Development Services £8,285

Transportation £7,963

Policy and Resources £26,722

Section Total £65,933

Contingency, Budget Book page xiv:

Bad Debt Provision £10,000

Unforeseen Events £13,000

Section Total £23,000

Grand Total £155,933

The Chairman ruled that the amendment as phrased was competent.

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

____

PRESENT	Mr Alexander A Macdonald (Chairman)
	Mr Roderick J Murray (Vice-Chairman)
	Mrs Katie M Mackenzie	Mr Philip R McLean
	Mr Malcolm J Macleod	Mr Donald I Nicholson
	Mr Iain Morrison	Mr Norman M Macleod
	Mr Roderick Morrison	Mr Donald J Macsween
	Mr Norman A Macdonald	Mr Finlay Morrison
	Mr Angus M Graham	Mrs Morag Munro
	Mr Malcolm J Graham	Mr Donald Macdonald
	Mr Ian M Macleod	Mr Archie Campbell
	Mr George Lonie	Mr Donald Maclean
	Mr Angus Nicolson	Mr James L McArthur
	Mr Murdo Macleod	Mrs Mary Bremner
	Mr Norman L Macdonald	Mr Ronald J Mackinnon
	Mr Alasdair G Macrae	Mr David Blaney
	Mr Angus Campbell	Mr Donald Manford

APOLOGIES	Mr Donald M Mackay

Prayer		The Meeting was opened with Prayer led by Mr Ian M Macleod.

Tribute: Mr Donald Macleod		The Chairman referred to the death of Mr Donald Macleod who had been a Member of the Comhairle for the Shawbost Ward from 1982-97. Mr Macleod had been Chairman of the Education Committee from 1986-91, becoming Convener in 1991 to 1994, and thereafter Chairman of the Arts and Leisure Committee. The Chairman paid tribute to his work and abilities, both in his work for the Comhairle and in representing his constituents and conveyed condolences to Mr Macleod's family in their sad loss.
Tribute: Stornoway Rugby Club		On behalf of the Comhairle, the Chairman extended congratulations to Stornoway Rugby Club on their success in winning the Highland Treble of the league, Brin Shield and Highland League Cup in the current season.
Tribute: Miss Alison Smith		On behalf of the Comhairle, the Chairman extended congratulations to Alison Smith, a pupil at the Nicolson Institute, who had been selected for the Scottish Under-16 Girls Football Squad for two games against the English Under-16 Girls Team on 18 and 20 April.
Tribute: Mr Bill Lucas		On behalf of the Comhairle, the Chairman extended congratulations to Mr Bill Lucas who has recently celebrated 40 years of journalism for the Western Isles.
		MINUTES
Comhairle	6	The Minutes of Meetings of 20 February 2001 (2 meetings) and 28 March 2001 were approved.
Emergency Powers	7	The Minute of Meeting of 7 March 2001 was noted.
		APPOINTMENTS
Comhairle Nominations to Stornoway Pier and Harbour Commission	8	The Director of Corporate Services submitted a Report seeking nominations for three Elected Members to serve on the Stornoway Pier and Harbour Commission for the period 1 May 2001 to 30 April 2004. It was indicated that under the terms of the Stornoway Harbour Order Confirmation Act 1976, as amended, the Comhairle's representatives must be drawn from the Elected Members for the Newton, Goathill, Bayhead and Manor Park Wards. It was further indicated that while the Comhairle was being asked to nominate Members to serve on the Pier and Harbour Commission for a three year period, there were two issues which would impact on their term of office. (1) the Local Government Elections, now scheduled to be held in 2003, subject to the appropriate legislation passing through the Scottish Parliament. Following the election, fresh nominations will be made to the Pier and Harbour Commission; and
		(2) the Harbour Revision Order which will be promoted to introduce a new system of appointment of members of the Stornoway Pier and Harbour Commission.
		It was agreed: (1) to nominate Mr Norman L Macdonald, Mr Alasdair G Macrae and Mr Angus Campbell to serve on the Stornoway Pier and Harbour Commission for the period from 1 May 2001 to 30 April 2004; and (2) to make further representations to the Stornoway Pier and harbour Commission to widen the definition of the wards from which the Comhairle could nominate members to serve on the Commission when the Commission was promoting the forhtcoming Harbour Revision Order.
Advisory Committee on Residential Care Establishments	5	The Director of Corporate Services submitted a Report seeking the appointment of one Member to serve on the Advisory Committee on Residential Care Establishments. Details of the functions of the Advisory Committee were outlined in the Report.
		It was agreed to appoint Mr Donald I Nicholson to serve on the Advisory Committee on Residential Care Establishments.
		COMMITTEES
Committees	6	Committee Decision Reports were submitted as undernoted. Unless otherwise indicated, the Comhairle approved the recommendations of the Committees and noted the decisions where these related to delegated functions.
		(1) Arts and Leisure Committee - 27 March 2001 In respect of item 4 of the decision report, it was agreed to adopt the recommendation of the Policy and Resources Committee regarding refurbishment of the Town Hall, Stornoway.
		(2) Housing Committee - 27 March 2001
		(3) Education Committee - 27 March 2001 with the exception of items 30 and 32. In respect of item 32 of the decision report, it was agreed that the name of the new school currently under construction in Leurbost be "Sgoil nan Loch". Mr Norman L Macdonald, seconded by Mrs Morag Munro, moved approval of the recommendation in item 30 of the decision report. Mr Donald Manford, seconded by Mr Angus Nicolson, moved as an amendment that the request from the Macmillan Cancer Relief Fundraising Committee for an exemption on an annual basis from the ban on the sale of alcohol in Castlebay School be granted. On the matter being put to the vote, the amendment received the majority of votes cast and became the finding of the meeting.
		(4) Environmental Services Committee - 28 March 2001
		(5) Transportation Committee - 28 March 2001
		(6) Development Services Committee - 28 March 2001 with the exception of item 14. Mr Donald Maclean, seconded by Mr Archie Campbell, moved approval of the recommendation in item 14 of the decision report. Mr Ian M Macleod, seconded by Mr Angus Campbell, moved as an amendment that outline planning permission to erect a church at 1A North Street, Sandwick, Isle of Lewis be refused for the following reasons: Notwithstanding the indication that has been given that 88 car parking places could be provided on the application site, this would be short of that required to meet the likely demand at times when the Church would attract large congregations (e.g. at funerals, weddings, etc) which would lead to on-street parking on Sandwick Road to the detriment of road safety on a very busy road. Of particular concern would be the likely restriction of emergency vehicles responding to Stornoway Airport in the event of an aircraft incident, accident or full emergency. The applicant Church is expected to be attended by people from many parts of the Island of Lewis. For such development and use, the proposed site is considered to be in appropriate as it lies outwith Stornoway which, in accordance with the strategic settlement policy in the Western Isles Structure Plan, should be the preferred location for such development. As the development would extend over agricultural land between North Street and Stornoway it would represent undesirable ribbon development that could lead toward a coalescence of Sandwick and Stornoway. Accordingly, it would be contrary to Policy PD7 of the Western Isles Structure Plan and Policy EVN22 of the Finalised Broadbay Local Plan. The proposed development would result in the loss of good quality crofting land in the vicinity of Stornoway and the existing agricultural employment associated with this use, and this would be contrary to Policy PA2 in the Western Isles Structure Plan. The number of objections (five individual letters and 39 pro-forma objections) indicates a weight of local opposition to the proposed development which, in accordance with Scottish Executive advice, must be taken as a material consideration. On the matter being put to the vote, the motion received the majority of votes cast and became the finding of the meeting.
		(7) Social Work Committee - 29 March 2001
		(8) Contract Services Committee - 29 March 2001
		(9) Policy and Resources Committee - 24 April 2001 with the exception of item 2 (item 34), item 16 In respect of the recommendation in item 34 of item 2 of the decision report (minute of meeting of the Finance Sub-Committee of 26 March 2001) it was agreed to approve the recommendations with the addition of the following: In light of the implications for Council Tax Billing and recovery, a report be submitted on the recent consultation by the Scottish Executive on a Water Charges rebate scheme as to how it is going to be implemented by the Comhairle. Mr James L McArthur, seconded by Mr Finlay Morrison, moved as an amendment to the decision report that a further recommendation be included in item 16 of the decision report in the following terms: That given the success of the previous Ward initiative fund in strengthening and assisting community groups, the Comhairle institute a new Ward initiative fund at £5,000 per Ward, to be financed under the requirements of Standing Order 75 by savings, details of which were circulated to the meeting.
		The Chairman ruled that, since the proposal related to the budgets for 2001/02 which had been set on 20 February 2001, it would be necessary to suspend Standing Orders to consider the proposal. On a vote being taken to suspend Standing Orders to enable consideration of the proposal, the motion failed to receive the consent of two-thirds of the members present as required under the terms of Standing Order 69.
		Mr Ronald J Mackinnon indicated that he wished to move an amendment to item 7 of the decision report that in respect of recommendation 5 of the report, the election of Chairmen and Vice-Chairmen of committees be conducted by the Comhairle and that the Vice-Convener be appointed as ex officio Chairman of the Policy and Finance Committee. The Chairman ruled that, since the proposal related to a decision of the Comhairle taken on 28 March 2001, it would be necessary to suspend Standing Orders to consider the proposal. On a vote being taken to suspend Standing Orders to enable consideration of the proposal, the motion failed to receive the consent of two-thirds of the members present as required under the terms of Standing Order 69.
		Mr Roderick J Murray, seconded by Mr Norman L Macdonald, moved approval of the recommendations in item 16 of the decision report. Mr Angus M Graham, seconded by Mr James L McArthur, moved as an amendment that a further recommendation be included in item 16 of the decision report in the following terms: That given the success of the previous Ward initiative fund in strengthening and assisting community groups, the Comhairle institute a new Ward initiative fund at £5,000 per Ward, to be financed under the requirements of Standing Order 44 by the following savings: Budget Working Papers (Green Book): Education, Page 5.1 £5,000 Environmental Services, Page 5.5 £15,000 Housing, Page 5.6 £3,000 Arts and Leisure, Page 5.10 £10,000 Policy and Resources, Page 5.11 £17,000 Chief Executive's Office, Page 5.13 £2,000 Finance, Page 5.15 £15,000 Section Total £67,000 1% of Supplies and Services Budget as per Budget Book by Department: Education £9,055 Social Work £5,234 Environmental Services £5,901 Housing £2,773 Development Services £8,285 Transportation £7,963 Policy and Resources £26,722 Section Total £65,933 Contingency, Budget Book page xiv: Bad Debt Provision £10,000 Unforeseen Events £13,000 Section Total £23,000 Grand Total £155,933 The Chairman ruled that the amendment as phrased was competent. On the matter being put to the vote, the motion received the majority of votes cast and became the finding of the meeting.
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