30 May 2001

COMHAIRLE NAN EILEAN SIAR

ENVIRONMENTAL SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday 30 May 2001 at 9.00am

PRESENT

Mr Donald I Nicholson (Chairman)

Mr Angus Nicolson (Vice-Chairman)

Mrs Katie M Mackenzie

Mr Alexander A Macdonald

Mr Donald M Mackay

Mr Norman A Macdonald

Mrs Morag Munro

Mr Roderick J Murray

Mr Donald Maclean

Mr Alasdair G Macrae

Mr James L McArthur

CONSTITUTION

Election of Chairman C02.01

29

The Director of Corporate Services chaired the Meeting and called for nominations for the post of Chairman until 27 August 2001.

Mr James L Macarthur, seconded by Mr Angus Nicolson, moved the election of Mr Donald I Nicholson.

There being no further nominations the Director of Corporate Services declared that Mr Donald I Nicholson had been duly elected as Chairman of the Committee until 27 August 2001.

Election of Vice-Chairman C02.01

30

The Chairman called for nominations for Vice-Chairman of the Committee until 27 August 2001.

Mr Alasdair G Macrae, seconded by Mr James L Macarthur, moved the election of Mr Angus Nicolson.

There being no further nominations the Chairman declared that Mr Angus Nicolson had been duly elected as Vice-Chairman of the Committee until 27 August 2001.

MINUTES

Environmental Services

C01.02

31

The Minute of Meeting of 28 March 2001 was approved.

Environmental Services Sub-Committee C01.02

32

The Minute of Meeting of the Environmental Services Sub-Committee of 13 April 2001 was noted.

Environmental Services Sub-Committee C01.02

33

The Minute of Meeting of the Environmental Services Sub-Committee of 25 April 2001 was noted.

Environmental Services Sub-Committee C01.02

34

The Minute of Meeting of the Environmental Services Sub-Committee of 9 May 2001 was noted.

FINANCE

Non-Housing Capital Monitoring

35*

With reference to item 5 of the Minute of Meeting of 30 January 2001, the Director of Finance submitted a Report regarding the Programme of Capital Expenditure for the Comhairle for the period 1 April 2000 to 31 March 2001, for all services except the Housing Revenue Account. It was intimated in the Report that the actual net expenditure for 2000/2001 was £14,722,000, some £933,000 below the December revised approved Programme for 2000/2001, in the sum of £15,715,000. Appended to the Report was a summary of the total expenditure for the 2000/01 financial year and estimated expenditure for 2001/02 to 2002/03. A summary of the variations which had occurred within the Programme of Capital Expenditure for 2000/01 was set out in the Report.

It was agreed to recommend, insofar as the Committee's interest was concerned, that:

(1) the Comhairle note the final expenditure to 31 March 2001 and approve the slippage and acceleration to/from the 2001/2002 initial committed Programme and specifically:

(i) £25k be transferred from the External Fabric Repairs project at Stornoway Town Hall to fund the internal repainting of the Town Hall;

(ii) additional expenditure of £6,000, to be funded from estimated future levels of slippage, be allocated to the West Side Slipway Project; and

(iii) capital fees be posted to the financial ledger on a monthly basis, or on at least a quarterly basis.

BUSINESS MANAGEMENT

Corporate Strategy: Consultative Draft

36*

The Chief Executive submitted a Report inviting the Committee to comment on the Consultative Draft Corporate Strategy.

It was agreed that the comments agreed as a response from the Committee are passed to the Chief Executive for inclusion in the finalised Corporate Strategy.

TRADING STANDARDS

Fiscal Marking of Tobacco Products

CH02.05

37*

The Director for Sustainable Communities submitted a Report indicating that, from 1 April 2001, tobaccos products have to be labelled "UK Duty Paid" in an attempt to improve controls on smuggled products. Trading Standards Officers have been empowered by the Commissioner of Customs and Excise to seize or detain tobacco that does not comply with the Fiscal Marks Legislation.

It was agreed to recommend that the Scheme of Delegation be amended to permit the Director for Sustainable Communities to authorise appropriate officers to exercise the discretionary powers granted by the Commissioner for Customs and Excise in respect of the Tobacco Products Duty Act 1979.

ENVIRONMENTAL HEALTH

Derelict Vehicle Uplift Service

CH03.08.04

38*

The Director for Sustainable Communities submitted a Report in respect of the Derelict Vehicle Uplift Service. The Service was currently suspended pending the arrival of a mobile car baler but the level of demand for removal of derelict vehicles had increased and, as the baler was not anticipated until mid to late September, the Report detailed interim measures to reduce the number of vehicles awaiting collection so as to avoid a return to illegal dumping.

It was agreed to recommend that:

(1) suitable licensed contractors be invited to tender for a contract for the removal of derelict vehicles in Lewis and Harris to cover the interim period until the Mobile Car Baler becomes available;

(2) the successful contractor would be required to provide evidence that they were in a position to service the contract within the conditions of their site licence;

(3) this contract would be for a period of three months, with the option of extending on a month by month basis, up to a maximum of six months; and

(4) a full review of the removal of derelict vehicles service for the whole of the Western Isles be carried out by the end of this period taking into consideration the availability on-island of a Mobile Car Baler.

Developing Telecom's Infrastructure in the Western Isles

PR31.12

39

The Chairman invited representatives of Crown Castle International to give a presentation on current and future telecommunications developments in the Western Isles.

Members were afforded the opportunity to ask questions of the representatives of Crown Castle International.

The Chairman thanked the representatives of Crown Castle International for their presentation.

The Acting Director of Environmental Services submitted a Report identifying the importance which the Comhairle attached to telecommunication operators undertaking pre-development consultations with local communities on proposed telecommunication developments.

It was agreed to note the Report.

Fishing Vessel Incidents Harvest Reaper III/Jaques Abry

PR11.20

40*

The Director of Technical Services submitted a Report concerning the recent grounding of two fishing vessels. Both incidents required the deployment of oil spill equipment and personnel to contain what could have resulted in environmental and economic threats to the Western Isles.

It was agreed to recommend that:

(1) representations be made to the Department of Transport, Environment and the Regions, the MCA and the International Maritime Organisation so that the provisions of the Merchant Shipping Act could be tightened up to increase the likelihood of prosecution in instances of negligence; and

(2) bye-laws be set under the terms of the Western Isles Islands Council (Various Harbour Jurisdiction and Bye-laws) Harbour Revisions Order 1995 or other amending order to allow for prosecution in the event of negligent pollution.

Licensing of Houses in Multiple Occupation

CH04

41*

The Director for Sustainable Communities submitted a Report concerning new legislation requiring that a licensing scheme for houses in multiple occupation (HMO's) be established. The primary reason for the introduction of licensing HMOs was to increase the protection given to tenants in such establishments by ensuring that the accommodation provided was safe and of good quality. The Report indicated that an inter-Departmental Working Group on the licensing of HMOs had been established to co-ordinate the introduction of the Scheme and procedures and protocols were being drawn up to deal with the licence conditions, applications and required administration.

It was agreed to:

(1) note that a registration scheme is being prepared for approval by the Scottish Executive; and

(2) recommend that the Director for Sustainable Communities submit a further Report detailing the provisions of the Comhairle's Houses in Multiple Occupation Licensing Scheme for approval.

PERFORMANCE MONITORING

Reports Outstanding: Progress PR33.01.12

42

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

It was agreed to note the Report.

PRESENT	Mr Donald I Nicholson (Chairman)
	Mr Angus Nicolson (Vice-Chairman)
	Mrs Katie M Mackenzie
	Mr Alexander A Macdonald	Mr Donald M Mackay
	Mr Norman A Macdonald	Mrs Morag Munro
	Mr Roderick J Murray	Mr Donald Maclean
	Mr Alasdair G Macrae	Mr James L McArthur

		CONSTITUTION
Election of Chairman C02.01	29	The Director of Corporate Services chaired the Meeting and called for nominations for the post of Chairman until 27 August 2001. Mr James L Macarthur, seconded by Mr Angus Nicolson, moved the election of Mr Donald I Nicholson. There being no further nominations the Director of Corporate Services declared that Mr Donald I Nicholson had been duly elected as Chairman of the Committee until 27 August 2001.
Election of Vice-Chairman C02.01	30	The Chairman called for nominations for Vice-Chairman of the Committee until 27 August 2001. Mr Alasdair G Macrae, seconded by Mr James L Macarthur, moved the election of Mr Angus Nicolson. There being no further nominations the Chairman declared that Mr Angus Nicolson had been duly elected as Vice-Chairman of the Committee until 27 August 2001.
		MINUTES
Environmental Services C01.02	31	The Minute of Meeting of 28 March 2001 was approved.
Environmental Services Sub-Committee C01.02	32	The Minute of Meeting of the Environmental Services Sub-Committee of 13 April 2001 was noted.
Environmental Services Sub-Committee C01.02	33	The Minute of Meeting of the Environmental Services Sub-Committee of 25 April 2001 was noted.
Environmental Services Sub-Committee C01.02	34	The Minute of Meeting of the Environmental Services Sub-Committee of 9 May 2001 was noted.
		FINANCE
Non-Housing Capital Monitoring	35*	With reference to item 5 of the Minute of Meeting of 30 January 2001, the Director of Finance submitted a Report regarding the Programme of Capital Expenditure for the Comhairle for the period 1 April 2000 to 31 March 2001, for all services except the Housing Revenue Account. It was intimated in the Report that the actual net expenditure for 2000/2001 was £14,722,000, some £933,000 below the December revised approved Programme for 2000/2001, in the sum of £15,715,000. Appended to the Report was a summary of the total expenditure for the 2000/01 financial year and estimated expenditure for 2001/02 to 2002/03. A summary of the variations which had occurred within the Programme of Capital Expenditure for 2000/01 was set out in the Report. It was agreed to recommend, insofar as the Committee's interest was concerned, that: (1) the Comhairle note the final expenditure to 31 March 2001 and approve the slippage and acceleration to/from the 2001/2002 initial committed Programme and specifically: (i) £25k be transferred from the External Fabric Repairs project at Stornoway Town Hall to fund the internal repainting of the Town Hall; (ii) additional expenditure of £6,000, to be funded from estimated future levels of slippage, be allocated to the West Side Slipway Project; and (iii) capital fees be posted to the financial ledger on a monthly basis, or on at least a quarterly basis.
		BUSINESS MANAGEMENT
Corporate Strategy: Consultative Draft	36*	The Chief Executive submitted a Report inviting the Committee to comment on the Consultative Draft Corporate Strategy. It was agreed that the comments agreed as a response from the Committee are passed to the Chief Executive for inclusion in the finalised Corporate Strategy.
		TRADING STANDARDS
Fiscal Marking of Tobacco Products CH02.05	37*	The Director for Sustainable Communities submitted a Report indicating that, from 1 April 2001, tobaccos products have to be labelled "UK Duty Paid" in an attempt to improve controls on smuggled products. Trading Standards Officers have been empowered by the Commissioner of Customs and Excise to seize or detain tobacco that does not comply with the Fiscal Marks Legislation. It was agreed to recommend that the Scheme of Delegation be amended to permit the Director for Sustainable Communities to authorise appropriate officers to exercise the discretionary powers granted by the Commissioner for Customs and Excise in respect of the Tobacco Products Duty Act 1979.
		ENVIRONMENTAL HEALTH
Derelict Vehicle Uplift Service CH03.08.04	38*	The Director for Sustainable Communities submitted a Report in respect of the Derelict Vehicle Uplift Service. The Service was currently suspended pending the arrival of a mobile car baler but the level of demand for removal of derelict vehicles had increased and, as the baler was not anticipated until mid to late September, the Report detailed interim measures to reduce the number of vehicles awaiting collection so as to avoid a return to illegal dumping. It was agreed to recommend that: (1) suitable licensed contractors be invited to tender for a contract for the removal of derelict vehicles in Lewis and Harris to cover the interim period until the Mobile Car Baler becomes available; (2) the successful contractor would be required to provide evidence that they were in a position to service the contract within the conditions of their site licence; (3) this contract would be for a period of three months, with the option of extending on a month by month basis, up to a maximum of six months; and (4) a full review of the removal of derelict vehicles service for the whole of the Western Isles be carried out by the end of this period taking into consideration the availability on-island of a Mobile Car Baler.
Developing Telecom's Infrastructure in the Western Isles PR31.12	39	The Chairman invited representatives of Crown Castle International to give a presentation on current and future telecommunications developments in the Western Isles. Members were afforded the opportunity to ask questions of the representatives of Crown Castle International. The Chairman thanked the representatives of Crown Castle International for their presentation. The Acting Director of Environmental Services submitted a Report identifying the importance which the Comhairle attached to telecommunication operators undertaking pre-development consultations with local communities on proposed telecommunication developments. It was agreed to note the Report.
Fishing Vessel Incidents Harvest Reaper III/Jaques Abry PR11.20	40*	The Director of Technical Services submitted a Report concerning the recent grounding of two fishing vessels. Both incidents required the deployment of oil spill equipment and personnel to contain what could have resulted in environmental and economic threats to the Western Isles. It was agreed to recommend that: (1) representations be made to the Department of Transport, Environment and the Regions, the MCA and the International Maritime Organisation so that the provisions of the Merchant Shipping Act could be tightened up to increase the likelihood of prosecution in instances of negligence; and (2) bye-laws be set under the terms of the Western Isles Islands Council (Various Harbour Jurisdiction and Bye-laws) Harbour Revisions Order 1995 or other amending order to allow for prosecution in the event of negligent pollution.
Licensing of Houses in Multiple Occupation CH04	41*	The Director for Sustainable Communities submitted a Report concerning new legislation requiring that a licensing scheme for houses in multiple occupation (HMO's) be established. The primary reason for the introduction of licensing HMOs was to increase the protection given to tenants in such establishments by ensuring that the accommodation provided was safe and of good quality. The Report indicated that an inter-Departmental Working Group on the licensing of HMOs had been established to co-ordinate the introduction of the Scheme and procedures and protocols were being drawn up to deal with the licence conditions, applications and required administration. It was agreed to: (1) note that a registration scheme is being prepared for approval by the Scottish Executive; and (2) recommend that the Director for Sustainable Communities submit a further Report detailing the provisions of the Comhairle's Houses in Multiple Occupation Licensing Scheme for approval.
		PERFORMANCE MONITORING
Reports Outstanding: Progress PR33.01.12	42	The Director of Corporate Services submitted a Report detailing reports outstanding arising from decisions of the Committee. It was agreed to note the Report.