12 March 2003

COMHAIRLE NAN EILEAN SIAR

SUSTAINABLE DEVELOPMENT COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday 12 March 2003 at 2.00pm.

PRESENT

Mr Donald Maclean (Chairman)

Mr Archie K Campbell (Vice-Chairman)

Mr Roderick Morrison

Mr Donald Macdonald

Mr Norman L Macdonald

Mr Martin C Taylor

Mr Donald J Macsween

Mr Ronald J Mackinnon

Mr Finlay Morrison

Mr Donald Manford

APOLOGIES

Mrs Mary Bremner

MINUTES

Minute of Meeting of 5 February 2003

DS09.01

1

The Minute of Meeting of 5 February 2003 was approved.

Minute of Meeting of Crofting Joint Consultative Committee of 4 March 2003

DS09.05

2

The Minute of Meeting of the Crofting Joint Consultative Committee of 4 March 2003 was noted and the recommendations at items 4 and 5 were approved.

SUSTAINABLE COMMUNITIES

It was agreed that the public, including the press, be excluded from the meeting during consideration of Item 3 below, on the grounds that exempt information as defined in Paragraph 1 of Schedule 7A of the Local Government (Scotland) Act 1973 would be disclosed, namely, information relating to a particular employee, former employee or applicant to become an employee of, or a particular office holder or former office holder, or applicant to become an office holder, under the Comhairle.

Review of Lifelong Learning

AL04

3

The Director for Sustainable Communities submitted a Report detailing the outcome of a business review of Community Education and Cultural Services undertaken by a staff management group during 2002/03. The purpose of the review was to look at the relationships between Community Education and Culture, Employment Support and Training, New Community Schools, Better Neighbourhood Services Fund and other learning providers to develop more effective support to individuals and groups.

It was agreed to recommend:

(1) approval the reporting lines as outlined in the organisational chart in Appendix 1 of the Report; and

(2) approval the utilisation of any underspend for 2002/03, from the Department for Sustainable Communities, for the re-accommodation of staff to the most effective locations.

Proposed Special Area of Conservation: Traigh na Berie, Lewis

DS61.01

4

The Director for Sustainable Communities submitted a Report concerning the proposed Special Areas of Conservation designation for Traigh na Berie, Lewis. The Report indicated that existing crofting, caravan and recreational activities in the area would not be affected by the designation.

It was agreed to recommend that the Comhairle:

(1) does not raise any objection to the proposed Special Area of Conservation designation, subject to an allowance for the continuation of the existing crofting, caravanning/recreational activities, and subsequent local involvement in the area management; and

(2) forward the comments set out in paragraphs 6.1 to 8.2 of the Report as the basis of its response to Scottish Natural Heritage on the proposed Special Area of Conservation designation.

RENEWABLE ENERGY

Electricity Generation - Consultations

DS61.19

5

The Director of Technical Services submitted a Report concerning the consultation exercise launched by the DTI and Ofgem in respect of changes to electricity generation, distribution and supply licenses. A draft response from the Comhairle was detailed in the Report.

It was agreed:

(1) to approve Appendix 3 as forming the basis for the Comhairle's response to the DTI/Ofgem consultation papers;and

(2) the response to copied to the Scottish Executive.

It was unanimously agreed that in accordance with the provisions of paragraph 17 of the Scheme of Administration the Committee determine the above recommendation on behalf of the Comhairle under delegated powers to enable a response to be made prior to the deadline for receipt of comments on the grounds that the recommendations were not contentious and did not breach a major policy consideration of the Comhairle.

CROFTING

Less Favoured Area Support Scheme

DS40.02

6

The Director for Sustainable Communities submitted a Report detailing representations made in respect of the Less Favoured Area Support Scheme. The Report indicated that representatives of the Comhairle would be meeting with Mr Ross Finnie to discuss possible changes for the 2004/05 LFASS Scheme.

It was agreed:

(1) note progress with representations in respect of LFASS;

(2) to recommend that the Director for Sustainable Communities be authorised, in consultation with Councillors Donald Maclean, Alex A Macdonald and Donald M Mackay, to prepare the details for the ministerial briefing; and

(3) to recommend that Appendix 1 forms the basis of the argument to the Minster for changes to the scheme in 2004/05.

Uist Greylag Goose Management Committee

DS40.02

7

The Director for Sustainable Communities submitted a Report detailing the work undertaken by the Uist Greylag Goose Management Committee. A management plan had been approved for the Uists in March 2002 and part of the plan had been implemented during that year. It was suggested that the Comhairle should re-evaluate the Greylag Goose problem once the current management plan had been implemented for a full season.

It was agreed to recommend:

(1) that the Comhairle supports the Uist Greylag Goose Management Committee in their attempt to minimise damage to crops and reseeds;

(2) that the Comhairle re-evaluate the goose problem once the current management plan has been implemented for a full season;

(3) that the Goose Management Scheme be extended to cover the Western Isles through Action 35; and

(4) that the Director for Sustainable Communities investigate the compensation schemes available for damage to crops and reseedings.

FISHING

Programme and Progress - Fishery Piers

T07.02

8

The Director of Technical Services submitted a programme and progress report in respect of fishery piers.

It was agreed to note the Report.

Mr Angus Campbell and Mr Norman L Macdonald declared an interest and left the meeting during consideration of the following item.

Fuel at Fishery Piers - Operation and Management

T07.02

9

The Director of Technical Services submitted a Report on the proposed operation and management of the sale of fuel at Comhairle fishery piers. The Report detailed options which had been considered by the Fuel at Fishery Piers Member/Officer Working Group for the supply of fuel at fishery piers. The Working Group recommended that fuel services at Comhairle piers should be directly provided and operated by the Comhairle with the Technical Services department having overall management responsibility.

It was agreed to recommend that:

(1) the Director of Technical Services manages the sale of fuel at Fishery Piers, sub-contracting the daily monitoring and credit card transactions to Faire Community Alarm Service;

(2) 10 tanks be returned to JMW Public Transport Support Systems to Loanhead for modifying and testing of equipment;

(3) the Director of Technical Services, in consultation with the Director of Ionmhas, sets and adjusts the level of mark-up according to turnover and operating costs;

(4) the Comhairle pursue the provision of fuel supply systems at Lochboisdale, Eriskay and Miavaig piers with application for funding being made to HIE/WIE and Europe; and

(5) the Director of Technical Services be authorised to arrange a meeting with interested parties to investigate the supply of fuel by Comhairle nan Eilean Siar at Stornoway Harbour as a matter or urgency.

ECONOMIC DEVELOPMENT

Western Isles New Development Opportunities

DS40.01.02

10

The Director for Sustainable Communities submitted a Report detailing proposals to allow the Western Isles New Development Opportunities (WINDO) to safeguard the pension rights of Comhairle employees in the event of employees transferring to that company.

It was agreed to recommend that the Comhairle make available in its Marketing and Promotion budget a guarantee of up to £18,500 to WINDO in the event that a bond to Highland Council Pensions Funds is called in.

Broadband - Network Upgrade

DS40.30

11

The Director of Corporate Services submitted a Report seeking approval for funding of new equipment necessary to support changes to the local network for the implementation of broadband. The implementation of two broadband projects within the following nine months would require changes to the interface with the local network within the Comhairle in order to accommodate the new infrastructure.

It was agreed to recommend that the Policy and Finance Committee approve £32.5k from the existing broadband provision and £32.5k from Education to fund the necessary changes to the Council's network.

Western Isles Chamber of Commerce

12

The Director for Sustainable Communities submitted a Report concerning a funding application from the Western Isles Chamber of Commerce. The Report indicated that the funding would be used to allow the continuation of the post of Development Manager for the Chamber of Commerce together with meeting other core costs.

It was agreed to recommend that the Comhairle approve funding of £10,290 for the Western Isles Chamber of Commerce from the Marketing and Promotion budget 2003/04.

Plot 3, Cnoc na Feille, Benbecula

DS41

13

The Director for Sustainable Communities submitted a Report detailing a request from Mitchell and Struthers (Contracts) Ltd for the termination of their lease of Plot 3, Cnoc na Feille, Benbecula.

It was agreed to recommend:

(1) approval of the request by Mitchell & Struthers (Contracts) Ltd to vacate Plot 3 Cnoc Na Feille, Benbecula and that the current lease be terminated, at no penalty to the occupant on the condition that the property is left in at least as good a condition as it was when first occupied by Mitchell & Struthers (Contracts) Ltd, and that all debts to the Comhairle are cleared before the quitting of Plot 3; and

(2) that the Director for Sustainable Communities be authorised to terminate leases of Business properties on sites where relevant.

Mr Murdo Macleod declared and interest and left the meeting during consideration of the following item.

Western Isles Tourist Board Funding Request for 2003/04

DS40.08

14

The Director for Sustainable Communities submitted a Report concerning a request for core funding from the Western Isles Tourist Board for 2003/04.

It was agreed to recommend:

(1) approval of core funding of £104,000 for the Western Isles Tourist Board for the 2003/04 financial year from the Tourism Budget; and

(2) approval of a sum of £16,000 from the Tourism Budget for the maintenance of the VisitHebrides websites, Public Relations and attendance at exhibitions.

GENERAL

Request to Assign Lease of 0.18 Hectare of Land to Northton, Isle of Harris

DS41

15

The Director of Corporate Services submitted a Report seeking approval for assignation of a lease agreement between the Comhairle and Northton Heritage Trust in respect of 0.18 hectares of land at Northton, Harris.

It was agreed to recommend that the Comhairle assign or alternatively sub-let the tenant's interest of the existing lease agreement between the Comhairle and Northton Heritage to Seallam! Trading Limited in respect of the subjects extending to 0.18 Hectares of thereby of land at Northton, Isle of Harris as shown on the plan attached to the Report, subject to such terms and conditions as shall be determined by the Director of Corporate Services in consultation with the Director for Sustainable Communities and subject to the existing tenant bearing the Comhairle's legal fees and outlays incurred in respect of this transaction.

Castlebay Play Park

AL06.02

16

The Director for Sustainable Communities submitted a Report concerning a request by Barra and Vatersay Resident's Association to lease a plot of land at Castlebay, Barra in order to provide a play area.

It was agreed to offer the site measuring 500m² at Castlebay on at least a 25 year rent-free lease to the Barra & Vatersay Residents Association subject to the terms and conditions to be agreed by the Director of Sustainable Communities and the Director of Corporate Services.

PERFORMANCE REVIEW

Reports Outstanding: Progress

PR33.01.12

17

The Director of Corporate Services submitted a Report detailing reports outstanding arising from decisions of the Committee.

It was agreed to note the Report.

ADDITIONAL ITEM

The Chairman ruled that, in accordance with the provisions of Section 50B(4) of the Local Government (Scotland) Act 1973, as detailed in terms of Standing Order 8, the following item be considered as a matter of urgency to allow Members to consider the current situation in respect of Western Isles Slaughterhouses.

Western Isles Slaughterhouses - Update

DS09.06

The Director for Sustainable Communities submitted a Report detailing the current situation in respect of the provision of Slaughtering facilities throughout the Western Isles. The Report detailed the throughput figures in respect of Stornoway Abattoir for the 2002 killing season. The Chairman, on behalf of the Committee thanked the Western Isles Slaughterhouses Member/Officer Working Group and all officers who had been involved in making arrangements to operate Stornoway Abattoir for the 2002 killing season.

It was agreed to note the Report.

PRESENT	Mr Donald Maclean (Chairman)
	Mr Archie K Campbell (Vice-Chairman)
	Mr Roderick Morrison	Mr Donald Macdonald
	Mr Norman L Macdonald	Mr Martin C Taylor
	Mr Donald J Macsween	Mr Ronald J Mackinnon
	Mr Finlay Morrison	Mr Donald Manford

APOLOGIES	Mrs Mary Bremner

		MINUTES
Minute of Meeting of 5 February 2003 DS09.01	1	The Minute of Meeting of 5 February 2003 was approved.
Minute of Meeting of Crofting Joint Consultative Committee of 4 March 2003 DS09.05	2	The Minute of Meeting of the Crofting Joint Consultative Committee of 4 March 2003 was noted and the recommendations at items 4 and 5 were approved.
		SUSTAINABLE COMMUNITIES
		It was agreed that the public, including the press, be excluded from the meeting during consideration of Item 3 below, on the grounds that exempt information as defined in Paragraph 1 of Schedule 7A of the Local Government (Scotland) Act 1973 would be disclosed, namely, information relating to a particular employee, former employee or applicant to become an employee of, or a particular office holder or former office holder, or applicant to become an office holder, under the Comhairle.
Review of Lifelong Learning AL04	3	The Director for Sustainable Communities submitted a Report detailing the outcome of a business review of Community Education and Cultural Services undertaken by a staff management group during 2002/03. The purpose of the review was to look at the relationships between Community Education and Culture, Employment Support and Training, New Community Schools, Better Neighbourhood Services Fund and other learning providers to develop more effective support to individuals and groups.
		It was agreed to recommend: (1) approval the reporting lines as outlined in the organisational chart in Appendix 1 of the Report; and (2) approval the utilisation of any underspend for 2002/03, from the Department for Sustainable Communities, for the re-accommodation of staff to the most effective locations.
Proposed Special Area of Conservation: Traigh na Berie, Lewis DS61.01	4	The Director for Sustainable Communities submitted a Report concerning the proposed Special Areas of Conservation designation for Traigh na Berie, Lewis. The Report indicated that existing crofting, caravan and recreational activities in the area would not be affected by the designation. It was agreed to recommend that the Comhairle: (1) does not raise any objection to the proposed Special Area of Conservation designation, subject to an allowance for the continuation of the existing crofting, caravanning/recreational activities, and subsequent local involvement in the area management; and (2) forward the comments set out in paragraphs 6.1 to 8.2 of the Report as the basis of its response to Scottish Natural Heritage on the proposed Special Area of Conservation designation.
		RENEWABLE ENERGY
Electricity Generation - Consultations DS61.19	5	The Director of Technical Services submitted a Report concerning the consultation exercise launched by the DTI and Ofgem in respect of changes to electricity generation, distribution and supply licenses. A draft response from the Comhairle was detailed in the Report. It was agreed: (1) to approve Appendix 3 as forming the basis for the Comhairle's response to the DTI/Ofgem consultation papers;and (2) the response to copied to the Scottish Executive.
		It was unanimously agreed that in accordance with the provisions of paragraph 17 of the Scheme of Administration the Committee determine the above recommendation on behalf of the Comhairle under delegated powers to enable a response to be made prior to the deadline for receipt of comments on the grounds that the recommendations were not contentious and did not breach a major policy consideration of the Comhairle.
		CROFTING
Less Favoured Area Support Scheme DS40.02	6	The Director for Sustainable Communities submitted a Report detailing representations made in respect of the Less Favoured Area Support Scheme. The Report indicated that representatives of the Comhairle would be meeting with Mr Ross Finnie to discuss possible changes for the 2004/05 LFASS Scheme. It was agreed: (1) note progress with representations in respect of LFASS;
		(2) to recommend that the Director for Sustainable Communities be authorised, in consultation with Councillors Donald Maclean, Alex A Macdonald and Donald M Mackay, to prepare the details for the ministerial briefing; and (3) to recommend that Appendix 1 forms the basis of the argument to the Minster for changes to the scheme in 2004/05.
Uist Greylag Goose Management Committee DS40.02	7	The Director for Sustainable Communities submitted a Report detailing the work undertaken by the Uist Greylag Goose Management Committee. A management plan had been approved for the Uists in March 2002 and part of the plan had been implemented during that year. It was suggested that the Comhairle should re-evaluate the Greylag Goose problem once the current management plan had been implemented for a full season. It was agreed to recommend: (1) that the Comhairle supports the Uist Greylag Goose Management Committee in their attempt to minimise damage to crops and reseeds; (2) that the Comhairle re-evaluate the goose problem once the current management plan has been implemented for a full season; (3) that the Goose Management Scheme be extended to cover the Western Isles through Action 35; and (4) that the Director for Sustainable Communities investigate the compensation schemes available for damage to crops and reseedings.
		FISHING
Programme and Progress - Fishery Piers T07.02	8	The Director of Technical Services submitted a programme and progress report in respect of fishery piers. It was agreed to note the Report.
		Mr Angus Campbell and Mr Norman L Macdonald declared an interest and left the meeting during consideration of the following item.
Fuel at Fishery Piers - Operation and Management T07.02	9	The Director of Technical Services submitted a Report on the proposed operation and management of the sale of fuel at Comhairle fishery piers. The Report detailed options which had been considered by the Fuel at Fishery Piers Member/Officer Working Group for the supply of fuel at fishery piers. The Working Group recommended that fuel services at Comhairle piers should be directly provided and operated by the Comhairle with the Technical Services department having overall management responsibility. It was agreed to recommend that: (1) the Director of Technical Services manages the sale of fuel at Fishery Piers, sub-contracting the daily monitoring and credit card transactions to Faire Community Alarm Service; (2) 10 tanks be returned to JMW Public Transport Support Systems to Loanhead for modifying and testing of equipment;
		(3) the Director of Technical Services, in consultation with the Director of Ionmhas, sets and adjusts the level of mark-up according to turnover and operating costs; (4) the Comhairle pursue the provision of fuel supply systems at Lochboisdale, Eriskay and Miavaig piers with application for funding being made to HIE/WIE and Europe; and (5) the Director of Technical Services be authorised to arrange a meeting with interested parties to investigate the supply of fuel by Comhairle nan Eilean Siar at Stornoway Harbour as a matter or urgency.
		ECONOMIC DEVELOPMENT
Western Isles New Development Opportunities DS40.01.02	10	The Director for Sustainable Communities submitted a Report detailing proposals to allow the Western Isles New Development Opportunities (WINDO) to safeguard the pension rights of Comhairle employees in the event of employees transferring to that company. It was agreed to recommend that the Comhairle make available in its Marketing and Promotion budget a guarantee of up to £18,500 to WINDO in the event that a bond to Highland Council Pensions Funds is called in.
Broadband - Network Upgrade DS40.30	11	The Director of Corporate Services submitted a Report seeking approval for funding of new equipment necessary to support changes to the local network for the implementation of broadband. The implementation of two broadband projects within the following nine months would require changes to the interface with the local network within the Comhairle in order to accommodate the new infrastructure. It was agreed to recommend that the Policy and Finance Committee approve £32.5k from the existing broadband provision and £32.5k from Education to fund the necessary changes to the Council's network.
Western Isles Chamber of Commerce	12	The Director for Sustainable Communities submitted a Report concerning a funding application from the Western Isles Chamber of Commerce. The Report indicated that the funding would be used to allow the continuation of the post of Development Manager for the Chamber of Commerce together with meeting other core costs. It was agreed to recommend that the Comhairle approve funding of £10,290 for the Western Isles Chamber of Commerce from the Marketing and Promotion budget 2003/04.
Plot 3, Cnoc na Feille, Benbecula DS41	13	The Director for Sustainable Communities submitted a Report detailing a request from Mitchell and Struthers (Contracts) Ltd for the termination of their lease of Plot 3, Cnoc na Feille, Benbecula. It was agreed to recommend: (1) approval of the request by Mitchell & Struthers (Contracts) Ltd to vacate Plot 3 Cnoc Na Feille, Benbecula and that the current lease be terminated, at no penalty to the occupant on the condition that the property is left in at least as good a condition as it was when first occupied by Mitchell & Struthers (Contracts) Ltd, and that all debts to the Comhairle are cleared before the quitting of Plot 3; and (2) that the Director for Sustainable Communities be authorised to terminate leases of Business properties on sites where relevant.
		Mr Murdo Macleod declared and interest and left the meeting during consideration of the following item.
Western Isles Tourist Board Funding Request for 2003/04 DS40.08	14	The Director for Sustainable Communities submitted a Report concerning a request for core funding from the Western Isles Tourist Board for 2003/04. It was agreed to recommend: (1) approval of core funding of £104,000 for the Western Isles Tourist Board for the 2003/04 financial year from the Tourism Budget; and (2) approval of a sum of £16,000 from the Tourism Budget for the maintenance of the VisitHebrides websites, Public Relations and attendance at exhibitions.
		GENERAL
Request to Assign Lease of 0.18 Hectare of Land to Northton, Isle of Harris DS41	15	The Director of Corporate Services submitted a Report seeking approval for assignation of a lease agreement between the Comhairle and Northton Heritage Trust in respect of 0.18 hectares of land at Northton, Harris. It was agreed to recommend that the Comhairle assign or alternatively sub-let the tenant's interest of the existing lease agreement between the Comhairle and Northton Heritage to Seallam! Trading Limited in respect of the subjects extending to 0.18 Hectares of thereby of land at Northton, Isle of Harris as shown on the plan attached to the Report, subject to such terms and conditions as shall be determined by the Director of Corporate Services in consultation with the Director for Sustainable Communities and subject to the existing tenant bearing the Comhairle's legal fees and outlays incurred in respect of this transaction.
Castlebay Play Park AL06.02	16	The Director for Sustainable Communities submitted a Report concerning a request by Barra and Vatersay Resident's Association to lease a plot of land at Castlebay, Barra in order to provide a play area. It was agreed to offer the site measuring 500m² at Castlebay on at least a 25 year rent-free lease to the Barra & Vatersay Residents Association subject to the terms and conditions to be agreed by the Director of Sustainable Communities and the Director of Corporate Services.
		PERFORMANCE REVIEW
Reports Outstanding: Progress PR33.01.12	17	The Director of Corporate Services submitted a Report detailing reports outstanding arising from decisions of the Committee. It was agreed to note the Report.
		ADDITIONAL ITEM
		The Chairman ruled that, in accordance with the provisions of Section 50B(4) of the Local Government (Scotland) Act 1973, as detailed in terms of Standing Order 8, the following item be considered as a matter of urgency to allow Members to consider the current situation in respect of Western Isles Slaughterhouses.
Western Isles Slaughterhouses - Update DS09.06		The Director for Sustainable Communities submitted a Report detailing the current situation in respect of the provision of Slaughtering facilities throughout the Western Isles. The Report detailed the throughput figures in respect of Stornoway Abattoir for the 2002 killing season. The Chairman, on behalf of the Committee thanked the Western Isles Slaughterhouses Member/Officer Working Group and all officers who had been involved in making arrangements to operate Stornoway Abattoir for the 2002 killing season. It was agreed to note the Report.