29 August 2001

COMHAIRLE NAN EILEAN SIAR

ENVIRONMENTAL SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday 29 August 2001 at 9.00am.

PRESENT

Mr Angus Nicolson (Chairman)

Mr Ian M Macleod (Vice-Chairman)

Mr Alexander A Macdonald

Mr Norman A Macdonald

Mr Finlay Morrison

Mr Roderick J Murray

Mrs Morag Munro

Mr Alasdair G Macrae

Mr Donald Maclean

Mr Donald I Nicholson

Mr James L Macarthur

APOLOGIES

Mrs Katie M Mackenzie

Mr Donald M Mackay

CONSTITUTION

It was agreed to suspend Section 10(a) of the Scheme of Administration to allow consideration of items 43 and 44.

Election of Chairman

C02.01

43

The Democratic Services Manager chaired the meeting and called for nominations for Chairman of the Committee.

Mr Donald I Nicholson, seconded by Mr Alasdair G Macrae, moved the election of Mr Angus Nicolson.

It was agreed to appoint Mr Angus Nicolson as Chairman of the Committee for the remainder of the term of the Comhairle or the lifetime of the Committee, whichever was shorter.

Election of Vice-Chairman

C02.01

44

The Chairman called for nominations for Vice-Chairman of the Committee.

Mr Norman A Macdonald, seconded by Mrs Morag Munro, moved the election of Mr Ian M Macleod.

It was agreed to appoint Mr Ian M Macleod as Vice-Chairman of the Committee for the remainder of the term of the Comhairle or the lifetime of the Committee, whichever was shorter.

MINUTES

Minute of Meeting of Environmental Services Committee 30 May 2001

C01.02

45

The Minute of Meeting of 30 May 2001 was approved.

Minute of Meeting of Environmental Services Sub-Committee of 2 August 2001

C01.02

46

The Minute of Meeting of the Environmental Services Sub-Committee of 2 August 2001 was noted.

FINANCE

Quarterly Forecast Revenue Outturn

47

The Principal Administrator sought and obtained the Chairman's permission to withdraw this item.

Carry Forward of Revenue Budgets

48*

The Director of Finance submitted a Report referring to the Council policy which allowed the carry forward of 2% of any underspend and 1% of any overspend in Departments' controllable budgets. Appended to the Report was:

(1) details of the out-turn position of each of Heads of Service which showed a net carry forward of £411,000 from 2000/2001, and;

(2) details of how Departments proposed to apply or achieve savings to meet these "carry forwards" in the current year.

It was agreed to recommend that the Comhairle:

(1) approve the carry forward of Revenue Budgets as detailed in Appendix 1 of the Report by the Director of Finance; and

(2) approve the application of "carry forwards" as detailed in Appendix 2 of the Report by the Director of Finance.

1% Savings on Revenue Budgets

49*

The Director of Finance submitted a Report appending details of savings which it was proposed to implement in order to achieve savings of up to 1% within controllable budgets.

It was stated in the Report that a 1% saving across all controllable budgets equated to a total of £515,000.

It was agreed to recommend that the Comhairle approve the 1% savings on Revenue Budgets as detailed in Appendix 1 of the Report by the Director of Finance.

Capital Monitoring and Strategy

50

The Principal Administrator sought and obtained the Chairman's permission to withdraw this item.

Repairs and Maintenance (Revenue) Programme 2001/2002

CH01.04

51

The Director of Technical Services submitted a Report concerning expenditure upon the repair and maintenance of properties held on the Environmental Services account to 30 June 2001.

It was agreed to note the Report.

BUSINESS MANAGEMENT

Business Plan Strategy

52

There was submitted Business Plan Summaries prepared by each Head of Service.

It was agreed to note the Business Plan Summaries as submitted, insofar as the Committee's interest was concerned.

TRADING STANDARDS

New Powers to Deal with Problem Traders

CH04.22

53*

The Director for Sustainable Communities submitted a Report concerning the Stop Now Orders (EC Directive) Regulation 2001 which allowed a local authority to apply to the Sheriff Court for an order to stop a trader from breaching certain consumer protection laws. Failure to comply with a Stop Now Order could be treated as contempt of court and could lead to an unlimited fine or even imprisonment.

It was agreed to recommend that the Scheme of Delegation be amended to permit the Director for Sustainable Communities to exercise the power to apply for Stop Now Orders in accordance with procedures detailed in the Stop Now Orders (EC Directive) Regulations 2001.

ENVIRONMENTAL HEALTH

Monitoring and Audit of Enforcement Functions

CH02.01.14

54*

The Director for Sustainable Communities submitted a Report detailing a food safety enforcement service plan and revised food enforcement policy.

It was agreed to recommend that:

(1) the Food Safety Enforcement Service Plan be adopted;

(2) the revised Food Safety Enforcement Policy be adopted; and

(3) the Scheme of Delegation be amended as indicated in Appendix 3 to the Report.

Contaminated Land Inspection Strategy

CH03.14

55*

With reference to item 66 of the Minute of Meeting of 30 August 2000 the Director for Sustainable Communities submitted a Report concerning the Contaminated Land Strategy for the identification, inspection and remediation of contaminated land which the Comhairle was required to adopt. The draft Strategy would be subject to formal consultation.

It was agreed to recommend that:

(1) the Draft Contaminated Land Inspection Strategy by approved for statutory consultation;

(2) the Director for Sustainable Communities be authorised to amend, adopt and publish the written strategy following the statutory consultation process;

(3) the Scheme of Delegation be amended as indicated in Appendix 1 to the Report.

It was unanimously agreed that, in accordance with the provisions of Paragraph 17 of the Scheme of Administration, the Committee determine the above recommendations on behalf of the Comhairle under delegated powers to allow the consultation to proceed and on the grounds that the recommendations were not contentious and did not breach a major policy consideration of the Comhairle.

Arising from consideration of this item it was agreed that the Director for Sustainable Communities would submit a Report to the next meeting identifying the responsibilities of the various interested parties in relation to the recent uncovering of ordnance at Steinish/Melbost beaches.

Radiation Monitoring During 2000/2001

CH03.13

56*

The Director for Sustainable Communities submitted a Report detailing the results of the radiation monitoring programme for 2000/2001. The results show fluctuations in levels from previous years but the overall levels were so small that the amounts were more likely to be due to variations in sampling and analysis procedures than changes in radiation levels in the environment. The overall levels of radiation detected were well below the generalised derived limits and, in many cases, below the limits of detection.

It was agreed to note the results of the Radiation Monitoring Programme for 2000/2001.

Tiered System for Shellfish Harvesting

CH03.01.32

57*

The Director for Sustainable Communities submitted a Report concerning a consultation document from the Food Standards Agency on proposals for a tiered system for shellfish harvesting. The Report detailed the Comhairle's response to the consultation document.

It was agreed to recommend that the action taken by the Director for Sustainable Communities in responding to the consultation document from the Food Standards Agency Scotland on proposals for a tiered system for harvesting and marketing of scallops be homologated.

Leachate Treatment Works - Rueval Landfill Site

CH03.08.15

58*

The Director for Sustainable Communities submitted a Report concerning the problems encountered with the treatment of Leachate at the Rueval Landfill Site. SEPA had issued an enforcement notice requiring the Comhairle to bring the discharge levels from the site back within consent conditions. The Report detailed the steps which had been taken to remedy this situation.

It was agreed to recommend that:

(1) the action taken by the Director for Sustainable Communities to ensure that the Rueval Landfill Site met discharge consent conditions and complied with the enforcement notice from SEPA be homologated;

(2) the additional capital of £70k already allocated to the project be noted;

(3) the outright purchase of the new Leachate Treatment Plant be agreed in principle;

(4) one Public Convenience grant of £15k be given up in order to reduce the amount of additional funding required; and

(5) the remaining shortfall of £19k required to purchase the leachate treatment equipment be funded from slippage in the Sustainable Communities elements of the Capital Programme, subject to the agreement of the Policy and Finance Committee.

LICENSING

Houses in Multiple Occupation Licensing Scheme

CH04

59*

With reference to item 41 of the Minute of Meeting of 30 May 2001 the Director for Sustainable Communities submitted a Report detailing the Comhairle's houses in multiple occupation scheme.

It was agreed to recommend:

(1) approval of the Houses in Multiple Occupation Licensing Scheme; and

(2) that the Scheme of Delegation be amended to permit the Director for Sustainable Communities to determine applications for licences for Houses in Multiple Occupation.

COAST PROTECTION

Coastal Erosion at Lionacleit

DS60.01

PR60.01

60*

The Director of Technical Services submitted a Report detailing the extent of coastal erosion along the coastline south and east of Sgoil Lionacleit. The ongoing coastal erosion had been monitored over a number of years by Technical Services Department. The most significant areas of erosion have been to the South and South East of the survey and the two most recent surveys have identified the continued erosion of sand from the An Corran spit which had now been washed away completely.

It was agreed:

(1) to note the Report by the Director of Technical Services; and

(2) to recommend that Uist Members meet on a regular basis with appropriate local interests to monitor the coastal erosion at Lionacleit and to discuss remedial action.

PERFORMANCE REVIEW

Reports Outstanding

PR33.01.12

61

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

It was agreed to note the Report.

PRESENT	Mr Angus Nicolson (Chairman)
	Mr Ian M Macleod (Vice-Chairman)
	Mr Alexander A Macdonald
	Mr Norman A Macdonald	Mr Finlay Morrison
	Mr Roderick J Murray	Mrs Morag Munro
	Mr Alasdair G Macrae	Mr Donald Maclean
	Mr Donald I Nicholson	Mr James L Macarthur

APOLOGIES	Mrs Katie M Mackenzie	Mr Donald M Mackay

		CONSTITUTION
		It was agreed to suspend Section 10(a) of the Scheme of Administration to allow consideration of items 43 and 44.
Election of Chairman C02.01	43	The Democratic Services Manager chaired the meeting and called for nominations for Chairman of the Committee. Mr Donald I Nicholson, seconded by Mr Alasdair G Macrae, moved the election of Mr Angus Nicolson. It was agreed to appoint Mr Angus Nicolson as Chairman of the Committee for the remainder of the term of the Comhairle or the lifetime of the Committee, whichever was shorter.
Election of Vice-Chairman C02.01	44	The Chairman called for nominations for Vice-Chairman of the Committee. Mr Norman A Macdonald, seconded by Mrs Morag Munro, moved the election of Mr Ian M Macleod. It was agreed to appoint Mr Ian M Macleod as Vice-Chairman of the Committee for the remainder of the term of the Comhairle or the lifetime of the Committee, whichever was shorter.
		MINUTES
Minute of Meeting of Environmental Services Committee 30 May 2001 C01.02	45	The Minute of Meeting of 30 May 2001 was approved.
Minute of Meeting of Environmental Services Sub-Committee of 2 August 2001 C01.02	46	The Minute of Meeting of the Environmental Services Sub-Committee of 2 August 2001 was noted.
		FINANCE
Quarterly Forecast Revenue Outturn	47	The Principal Administrator sought and obtained the Chairman's permission to withdraw this item.
Carry Forward of Revenue Budgets	48*	The Director of Finance submitted a Report referring to the Council policy which allowed the carry forward of 2% of any underspend and 1% of any overspend in Departments' controllable budgets. Appended to the Report was: (1) details of the out-turn position of each of Heads of Service which showed a net carry forward of £411,000 from 2000/2001, and; (2) details of how Departments proposed to apply or achieve savings to meet these "carry forwards" in the current year. It was agreed to recommend that the Comhairle: (1) approve the carry forward of Revenue Budgets as detailed in Appendix 1 of the Report by the Director of Finance; and (2) approve the application of "carry forwards" as detailed in Appendix 2 of the Report by the Director of Finance.
1% Savings on Revenue Budgets	49*	The Director of Finance submitted a Report appending details of savings which it was proposed to implement in order to achieve savings of up to 1% within controllable budgets. It was stated in the Report that a 1% saving across all controllable budgets equated to a total of £515,000. It was agreed to recommend that the Comhairle approve the 1% savings on Revenue Budgets as detailed in Appendix 1 of the Report by the Director of Finance.
Capital Monitoring and Strategy	50	The Principal Administrator sought and obtained the Chairman's permission to withdraw this item.
Repairs and Maintenance (Revenue) Programme 2001/2002 CH01.04	51	The Director of Technical Services submitted a Report concerning expenditure upon the repair and maintenance of properties held on the Environmental Services account to 30 June 2001. It was agreed to note the Report.
		BUSINESS MANAGEMENT
Business Plan Strategy	52	There was submitted Business Plan Summaries prepared by each Head of Service. It was agreed to note the Business Plan Summaries as submitted, insofar as the Committee's interest was concerned.
		TRADING STANDARDS
New Powers to Deal with Problem Traders CH04.22	53*	The Director for Sustainable Communities submitted a Report concerning the Stop Now Orders (EC Directive) Regulation 2001 which allowed a local authority to apply to the Sheriff Court for an order to stop a trader from breaching certain consumer protection laws. Failure to comply with a Stop Now Order could be treated as contempt of court and could lead to an unlimited fine or even imprisonment. It was agreed to recommend that the Scheme of Delegation be amended to permit the Director for Sustainable Communities to exercise the power to apply for Stop Now Orders in accordance with procedures detailed in the Stop Now Orders (EC Directive) Regulations 2001.
		ENVIRONMENTAL HEALTH
Monitoring and Audit of Enforcement Functions CH02.01.14	54*	The Director for Sustainable Communities submitted a Report detailing a food safety enforcement service plan and revised food enforcement policy. It was agreed to recommend that: (1) the Food Safety Enforcement Service Plan be adopted; (2) the revised Food Safety Enforcement Policy be adopted; and (3) the Scheme of Delegation be amended as indicated in Appendix 3 to the Report.
Contaminated Land Inspection Strategy CH03.14	55*	With reference to item 66 of the Minute of Meeting of 30 August 2000 the Director for Sustainable Communities submitted a Report concerning the Contaminated Land Strategy for the identification, inspection and remediation of contaminated land which the Comhairle was required to adopt. The draft Strategy would be subject to formal consultation. It was agreed to recommend that: (1) the Draft Contaminated Land Inspection Strategy by approved for statutory consultation; (2) the Director for Sustainable Communities be authorised to amend, adopt and publish the written strategy following the statutory consultation process; (3) the Scheme of Delegation be amended as indicated in Appendix 1 to the Report. It was unanimously agreed that, in accordance with the provisions of Paragraph 17 of the Scheme of Administration, the Committee determine the above recommendations on behalf of the Comhairle under delegated powers to allow the consultation to proceed and on the grounds that the recommendations were not contentious and did not breach a major policy consideration of the Comhairle.
		Arising from consideration of this item it was agreed that the Director for Sustainable Communities would submit a Report to the next meeting identifying the responsibilities of the various interested parties in relation to the recent uncovering of ordnance at Steinish/Melbost beaches.
Radiation Monitoring During 2000/2001 CH03.13	56*	The Director for Sustainable Communities submitted a Report detailing the results of the radiation monitoring programme for 2000/2001. The results show fluctuations in levels from previous years but the overall levels were so small that the amounts were more likely to be due to variations in sampling and analysis procedures than changes in radiation levels in the environment. The overall levels of radiation detected were well below the generalised derived limits and, in many cases, below the limits of detection. It was agreed to note the results of the Radiation Monitoring Programme for 2000/2001.
Tiered System for Shellfish Harvesting CH03.01.32	57*	The Director for Sustainable Communities submitted a Report concerning a consultation document from the Food Standards Agency on proposals for a tiered system for shellfish harvesting. The Report detailed the Comhairle's response to the consultation document. It was agreed to recommend that the action taken by the Director for Sustainable Communities in responding to the consultation document from the Food Standards Agency Scotland on proposals for a tiered system for harvesting and marketing of scallops be homologated.
Leachate Treatment Works - Rueval Landfill Site CH03.08.15	58*	The Director for Sustainable Communities submitted a Report concerning the problems encountered with the treatment of Leachate at the Rueval Landfill Site. SEPA had issued an enforcement notice requiring the Comhairle to bring the discharge levels from the site back within consent conditions. The Report detailed the steps which had been taken to remedy this situation. It was agreed to recommend that: (1) the action taken by the Director for Sustainable Communities to ensure that the Rueval Landfill Site met discharge consent conditions and complied with the enforcement notice from SEPA be homologated; (2) the additional capital of £70k already allocated to the project be noted; (3) the outright purchase of the new Leachate Treatment Plant be agreed in principle; (4) one Public Convenience grant of £15k be given up in order to reduce the amount of additional funding required; and (5) the remaining shortfall of £19k required to purchase the leachate treatment equipment be funded from slippage in the Sustainable Communities elements of the Capital Programme, subject to the agreement of the Policy and Finance Committee.
		LICENSING
Houses in Multiple Occupation Licensing Scheme CH04	59*	With reference to item 41 of the Minute of Meeting of 30 May 2001 the Director for Sustainable Communities submitted a Report detailing the Comhairle's houses in multiple occupation scheme.
		It was agreed to recommend: (1) approval of the Houses in Multiple Occupation Licensing Scheme; and (2) that the Scheme of Delegation be amended to permit the Director for Sustainable Communities to determine applications for licences for Houses in Multiple Occupation.
		COAST PROTECTION
Coastal Erosion at Lionacleit DS60.01 PR60.01	60*	The Director of Technical Services submitted a Report detailing the extent of coastal erosion along the coastline south and east of Sgoil Lionacleit. The ongoing coastal erosion had been monitored over a number of years by Technical Services Department. The most significant areas of erosion have been to the South and South East of the survey and the two most recent surveys have identified the continued erosion of sand from the An Corran spit which had now been washed away completely. It was agreed: (1) to note the Report by the Director of Technical Services; and (2) to recommend that Uist Members meet on a regular basis with appropriate local interests to monitor the coastal erosion at Lionacleit and to discuss remedial action.
		PERFORMANCE REVIEW
Reports Outstanding PR33.01.12	61	The Director of Corporate Services submitted a Report detailing reports outstanding from decisions of the Environmental Services Committee. It was agreed to note the Report.