ES9803

ENVIRONMENTAL SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday 11 March 1998 at 9.00 a.m.

PRESENT

Mr Donald I Nicholson (Chairman)

Mr Allan F Macleod (Vice-Chairman)

Mr Iain Macsween

Mrs Katie M Mackenzie

Mr Kenneth Mackay

Mr Angus M Graham

Mr Colin Campbell

Mr Norman L Macdonald

APOLOGIES

Mr Norman A Macdonald

Mr Roderick J Murray

Mr Donald Murray

Mr Alasdair G Macrae

MINUTES

Environmental Services

CH02.06

21

The Minute of Meeting of 28 January 1998 was approved.

Environmental Services

CH02.06

22

The Minute of Meeting of 25 February 1998 was approved.

FINANCE

Third Quarter Forecast Revenue Out-turn

PR110.08.13

23

With reference to item 84 of the Minute of Meeting of 19 November 1997 the Director of Environmental Services submitted a Report setting out the pattern of actual expenditure as against budgeted expenditure for the current financial year. The overall picture presented in the Report indicated that expenditure, in general, was on target.

It was agreed to note the Report.

Third Quarter Forecast Revenue Out-turn PR110.08.13

24

With reference to item 84 of the Minute of Meeting of 19 November 1997 the Director of Technical Services submitted a Report setting out the pattern of actual expenditure as against budgeted expenditure for the current financial year. The overall picture presented in the Report indicated that expenditure, in general, was on target.

It was agreed to note the Report.

Repairs and Maintenance (Revenue) Programme 1997/98 CH01.01.04

25

With reference to item 87 of the Minute of Meeting of 19 November 1998 the Director of Technical Services submitted a Report detailing revenue expenditure on the repair and maintenance of properties held on the Environmental Services Account for the period 1 April 1997 - 31 December 1997.

It was agreed to note the Report.

TRADING STANDARDS

Hydrocarbon Fuel Prices CH02.04.10

26

With reference to item 8 of the Minute of Meeting of 28 January 1998 the Director of Environmental Services submitted a Report concerning Hydrocarbon Fuel Prices. The Report indicated that members from the Highlands and Islands Action Group on Hydrocarbon Fuel Prices had met with a representative of Environmental Resources Management, the consultants commissioned by the Scottish Office to carry out a study into the economic, social and environmental impacts of petrol stations in rural Scotland. The consultants study was scheduled for completion in May 1998 and would contain policy options to address any problems highlighted.

It was agreed to note the Report.

Control of One Day Sales and Itinerant Traders

CH02.01.13

27*

The Director of Environmental Services submitted a Report concerning the problems associated with the activities of One Day Sales and Itinerant Traders. The Report outlined the licensing controls open to the Comhairle and the enforcement approach of the Environmental Services Department was detailed.

It was agreed to recommend that the Director of Environmental Services be authorised to:

(1) licence Private Markets;

(2) licence Second Hand Dealers carrying on a business as a dealer in general second hand furniture and electrical goods; and

(3) adopt the following strategy for dealing with One Day Sales and Itinerant Traders;

(i) As far as possible, all traders be investigated before they come to the islands;

(ii) Appropriate guidance is issued to consumers;

(iii) As far as possible, all traders are inspected when trading on the islands; and

(iv) A multi-agency approach to enforcement be developed with the police.

ENVIRONMENTAL HEALTH

Government White Paper on Food Standards Agency

CH03.01.30

28*

The Director of Environmental Services submitted a Report concerning the White Paper "The Food Standards Agency: A Force for Change" which had been published by the Scottish Office in January 1998 and set out plans for a new public body which would transform the way that food safety and food standard issues were handled. The proposed Food Standards Agency would set standards for general food law enforcement but would not take over the existing enforcement responsibilities of Local Authorities. Local Authorities would remain responsible for day-to-day law enforcement and it was proposed that the new Agency would work with Local Authorities to encourage consistency in enforcement practice.

It was agreed to recommend that the Director of Environmental Services be authorised to:

(1) respond to the invitation from the Scottish Office for comments on the contents of the Food Standards Agency White Paper in terms of the letter contained in the appendix to the Report; and

(2) incorporate into the response the Comhairle's concerns regarding the operation and legislative framework in respect of unlicensed slaughtering premises.

Consequences of the New Bennadrove Site Licence

CH03.08.05

29*

With reference to item 76 of the Minute of Meeting of 1 October 1997 the Director of Environmental Services submitted a Report concerning the implications of the new licence that the Scottish Environment Protection Agency had granted for the Bennadrove Landfill Site. The restrictions placed upon the sites ability to landfill waste oils, batteries or Chloro Fluoro Carbons required the most immediate attention as these would have the greatest impact on commercial waste producers. The Report detailed the recycling options available in respect of waste oils and Chloro Fluoro Carbons and indicated that there was an opportunity in the current financial year to use surplus income created by waste disposal operations to fund the investment required to put these recycling schemes into operation.

It was agreed to recommend that the Director of Environmental Services be authorised to:

(1) use £25k of additional income in the current financial year to fund an oil storage and recycling facility; and

(2) spend £5k from within existing budgets on the equipment and training necessary to provide a Chloro Fluoro Carbons recovery facility.

It was 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 in light of the need to have the matter dealt with in the current financial year and on the basis that the recommendations were not contentious and did not breach a major policy position of the Comhairle.

Purchase of Vehicles for Litter Initiative

CH03.08.11

30*

With reference to item 10 of the Minute of Meeting of 28 January 1998 the Director of Environmental Services submitted a Report concerning the Comhairle's new litter initiative. In order for the initiative to operate it would be necessary to purchase two pick-up trucks each equipped with a small crane in order to suit the multiple range of tasks that would be required under the litter initiative and the proposed new recycling schemes at Bennadrove.

It was agreed to recommend that the Director of Environmental Services be authorised to use £52k from additional income in the current financial year to fund the purchase of the two pick-up trucks required to operate the new litter initiative scheme.

It was 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 in light of the need to have the matter dealt with in the current financial year and on the basis that the recommendation was not contentious and did not breach a major policy position of the Comhairle.

Refusal by SEPA to Grant a Licence for Glen Tip

CH03.08.13

31*

The Director of Environmental Services submitted a Report indicating that the Scottish Environment Protection Agency had refused to grant a waste disposal licence for the Glen Waste Disposal Site, Barra. The Report detailed an alternative disposal method for waste from Barra and indicated that the best available course of action would be to shut the existing site at Glen and transfer waste to the new Rueval Waste Disposal Site, Benbecula. This course of action would be in conformity with the Comhairle's long term waste strategy.

It was agreed to recommend that:

(1) the Committee accepts the refusal to grant a waste disposal licence for the Glen Waste Disposal Site; and

(2) the Director of Environmental Services be authorised to transfer the landfilling operations of waste generated in Barra to the new Rueval Waste Disposal Site.

Up-grading of Road to Rueval Waste Disposal Site

CH03.08.15

32*

The Director of Environmental Services submitted a Report concerning the access road to the new waste disposal site at Rueval, Benbecula. The access road was in poor condition and detrimentally affected waste delivery vehicles operated by the public and the DSO. Works to resurface the road were originally to be carried out as part of the construction of the new site but were omitted in order to remain within budget.

It was agreed to recommend that the Director of Environmental Services be authorised to use £25K of additional income to upgrade the access road to the Rueval Waste Disposal Site, Benbecula.

It was 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 in light of the need to have the matter dealt with in the current financial year and on the basis that the recommendation was not contentious and did not breach a major policy position of the Comhairle.

Charging Scheme for Commercial Wheeled Bins

CH03.08.13

33*

The Director of Environmental Services submitted a Report indicating that there was a legal duty on Local Authorities to uplift and dispose of commercial waste when requested and to levy and collect appropriate charges for this service. The external auditors had commented that the Comhairle's collection charges were not as high as they should be and noted that the Comhairle did not charge businesses for the hire of waste containers. In terms of the Controlled Waste Regulations 1992 waste from community halls, churches or from premises occupied by registered charities could be treated as household waste and therefore exempt from charging unless the Comhairle thought it was appropriate to levy the charges.

It was agreed to recommend that:

(1) the Director of Environmental Services be authorised to make charges for the uplift of all commercial wheeled bins; and

(2) waste from churches, community halls and registered charities be treated as household waste and exempted from charges.

Closure of Kyles Scalpay and Leverburgh Toilets

CH03.07

34

The Director of Environmental Services submitted a Report indicating that the public conveniences at Kyles Scalpay and Leverburgh had recently become redundant. The Leverburgh public convenience had been superseded by a grant aided facility within the restaurant at the pier. The Kyles Scalpay facilities were no longer required due to the closure of the ferry terminal.

It was agreed to recommend that the Director of Environmental Services:

(1) be authorised to close the redundant public conveniences at Kyles Scalpay and Leverburgh; and

(2) would bring a Report to the Committee detailing the options available for the future use of the buildings.

Environmental Improvements: West Gerinish

CH03.01

35*

With reference to item 11 of the Minute of Meeting of 28 January 1998 the Director of Environmental Services and the Director of Technical Services submitted a joint Report detailing an Environmental Management Plan for West Gerinish, South Uist. Approval had been given to an early package of measures and budgetary provision of £30k had been allocated to kick start the environmental improvements.

It was agreed to recommend that:

(1) the proposals for environmental improvements in West Gerinish as detailed in the Management Plan, be accepted in principle as the basis for further action in the township; and

(2) the Committee notes that an early start to the work was approved at the meeting on 28 January 1997 with the sum of £30k programmed to be spent in the current financial year. Additional similar levels of funding, from the Roads Maintenance Budget, would be considered for the following financial year.

PERFORMANCE REVIEW

Business Plan for the Environmental Services Department

CH03.01

36*

The Director of Environmental Services submitted a Report detailing the Environmental Services Department's Draft Business Plan for 1998/99. The plan set out the proposed work output of the Department for the next financial year including demand led work and the Comhairle's Key Tasks, set against the resources available.

It was agreed to recommend approval of the 1998/99 Business Plan for the Environmental Services Department insofar as the interests of the Committee were concerned.

PERFORMANCE MONITORING

Reports Outstanding

PR33.01.12

37

The Director of Corporate Services submitted a Report detailing Reports outstanding arising from the Environmental Services Committee since May 1994.

It was agreed to note the Report.

___

PRESENT	Mr Donald I Nicholson (Chairman)
	Mr Allan F Macleod (Vice-Chairman)	Mr Iain Macsween
	Mrs Katie M Mackenzie	Mr Kenneth Mackay
	Mr Angus M Graham	Mr Colin Campbell
	Mr Norman L Macdonald

APOLOGIES	Mr Norman A Macdonald	Mr Roderick J Murray
	Mr Donald Murray	Mr Alasdair G Macrae

		MINUTES
Environmental Services CH02.06	21	The Minute of Meeting of 28 January 1998 was approved.
Environmental Services CH02.06	22	The Minute of Meeting of 25 February 1998 was approved.
		FINANCE
Third Quarter Forecast Revenue Out-turn PR110.08.13	23	With reference to item 84 of the Minute of Meeting of 19 November 1997 the Director of Environmental Services submitted a Report setting out the pattern of actual expenditure as against budgeted expenditure for the current financial year. The overall picture presented in the Report indicated that expenditure, in general, was on target. It was agreed to note the Report.
Third Quarter Forecast Revenue Out-turn PR110.08.13	24	With reference to item 84 of the Minute of Meeting of 19 November 1997 the Director of Technical Services submitted a Report setting out the pattern of actual expenditure as against budgeted expenditure for the current financial year. The overall picture presented in the Report indicated that expenditure, in general, was on target. It was agreed to note the Report.
Repairs and Maintenance (Revenue) Programme 1997/98 CH01.01.04	25	With reference to item 87 of the Minute of Meeting of 19 November 1998 the Director of Technical Services submitted a Report detailing revenue expenditure on the repair and maintenance of properties held on the Environmental Services Account for the period 1 April 1997 - 31 December 1997. It was agreed to note the Report.
		TRADING STANDARDS
Hydrocarbon Fuel Prices CH02.04.10	26	With reference to item 8 of the Minute of Meeting of 28 January 1998 the Director of Environmental Services submitted a Report concerning Hydrocarbon Fuel Prices. The Report indicated that members from the Highlands and Islands Action Group on Hydrocarbon Fuel Prices had met with a representative of Environmental Resources Management, the consultants commissioned by the Scottish Office to carry out a study into the economic, social and environmental impacts of petrol stations in rural Scotland. The consultants study was scheduled for completion in May 1998 and would contain policy options to address any problems highlighted. It was agreed to note the Report.
Control of One Day Sales and Itinerant Traders CH02.01.13	27*	The Director of Environmental Services submitted a Report concerning the problems associated with the activities of One Day Sales and Itinerant Traders. The Report outlined the licensing controls open to the Comhairle and the enforcement approach of the Environmental Services Department was detailed. It was agreed to recommend that the Director of Environmental Services be authorised to: (1) licence Private Markets; (2) licence Second Hand Dealers carrying on a business as a dealer in general second hand furniture and electrical goods; and (3) adopt the following strategy for dealing with One Day Sales and Itinerant Traders; (i) As far as possible, all traders be investigated before they come to the islands; (ii) Appropriate guidance is issued to consumers; (iii) As far as possible, all traders are inspected when trading on the islands; and (iv) A multi-agency approach to enforcement be developed with the police.
		ENVIRONMENTAL HEALTH
Government White Paper on Food Standards Agency CH03.01.30	28*	The Director of Environmental Services submitted a Report concerning the White Paper "The Food Standards Agency: A Force for Change" which had been published by the Scottish Office in January 1998 and set out plans for a new public body which would transform the way that food safety and food standard issues were handled. The proposed Food Standards Agency would set standards for general food law enforcement but would not take over the existing enforcement responsibilities of Local Authorities. Local Authorities would remain responsible for day-to-day law enforcement and it was proposed that the new Agency would work with Local Authorities to encourage consistency in enforcement practice.
		It was agreed to recommend that the Director of Environmental Services be authorised to: (1) respond to the invitation from the Scottish Office for comments on the contents of the Food Standards Agency White Paper in terms of the letter contained in the appendix to the Report; and (2) incorporate into the response the Comhairle's concerns regarding the operation and legislative framework in respect of unlicensed slaughtering premises.
Consequences of the New Bennadrove Site Licence CH03.08.05	29*	With reference to item 76 of the Minute of Meeting of 1 October 1997 the Director of Environmental Services submitted a Report concerning the implications of the new licence that the Scottish Environment Protection Agency had granted for the Bennadrove Landfill Site. The restrictions placed upon the sites ability to landfill waste oils, batteries or Chloro Fluoro Carbons required the most immediate attention as these would have the greatest impact on commercial waste producers. The Report detailed the recycling options available in respect of waste oils and Chloro Fluoro Carbons and indicated that there was an opportunity in the current financial year to use surplus income created by waste disposal operations to fund the investment required to put these recycling schemes into operation. It was agreed to recommend that the Director of Environmental Services be authorised to: (1) use £25k of additional income in the current financial year to fund an oil storage and recycling facility; and (2) spend £5k from within existing budgets on the equipment and training necessary to provide a Chloro Fluoro Carbons recovery facility. It was 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 in light of the need to have the matter dealt with in the current financial year and on the basis that the recommendations were not contentious and did not breach a major policy position of the Comhairle.
Purchase of Vehicles for Litter Initiative CH03.08.11	30*	With reference to item 10 of the Minute of Meeting of 28 January 1998 the Director of Environmental Services submitted a Report concerning the Comhairle's new litter initiative. In order for the initiative to operate it would be necessary to purchase two pick-up trucks each equipped with a small crane in order to suit the multiple range of tasks that would be required under the litter initiative and the proposed new recycling schemes at Bennadrove. It was agreed to recommend that the Director of Environmental Services be authorised to use £52k from additional income in the current financial year to fund the purchase of the two pick-up trucks required to operate the new litter initiative scheme.
		It was 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 in light of the need to have the matter dealt with in the current financial year and on the basis that the recommendation was not contentious and did not breach a major policy position of the Comhairle.
Refusal by SEPA to Grant a Licence for Glen Tip CH03.08.13	31*	The Director of Environmental Services submitted a Report indicating that the Scottish Environment Protection Agency had refused to grant a waste disposal licence for the Glen Waste Disposal Site, Barra. The Report detailed an alternative disposal method for waste from Barra and indicated that the best available course of action would be to shut the existing site at Glen and transfer waste to the new Rueval Waste Disposal Site, Benbecula. This course of action would be in conformity with the Comhairle's long term waste strategy. It was agreed to recommend that: (1) the Committee accepts the refusal to grant a waste disposal licence for the Glen Waste Disposal Site; and (2) the Director of Environmental Services be authorised to transfer the landfilling operations of waste generated in Barra to the new Rueval Waste Disposal Site.
Up-grading of Road to Rueval Waste Disposal Site CH03.08.15	32*	The Director of Environmental Services submitted a Report concerning the access road to the new waste disposal site at Rueval, Benbecula. The access road was in poor condition and detrimentally affected waste delivery vehicles operated by the public and the DSO. Works to resurface the road were originally to be carried out as part of the construction of the new site but were omitted in order to remain within budget. It was agreed to recommend that the Director of Environmental Services be authorised to use £25K of additional income to upgrade the access road to the Rueval Waste Disposal Site, Benbecula.
		It was 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 in light of the need to have the matter dealt with in the current financial year and on the basis that the recommendation was not contentious and did not breach a major policy position of the Comhairle.
Charging Scheme for Commercial Wheeled Bins CH03.08.13	33*	The Director of Environmental Services submitted a Report indicating that there was a legal duty on Local Authorities to uplift and dispose of commercial waste when requested and to levy and collect appropriate charges for this service. The external auditors had commented that the Comhairle's collection charges were not as high as they should be and noted that the Comhairle did not charge businesses for the hire of waste containers. In terms of the Controlled Waste Regulations 1992 waste from community halls, churches or from premises occupied by registered charities could be treated as household waste and therefore exempt from charging unless the Comhairle thought it was appropriate to levy the charges. It was agreed to recommend that: (1) the Director of Environmental Services be authorised to make charges for the uplift of all commercial wheeled bins; and (2) waste from churches, community halls and registered charities be treated as household waste and exempted from charges.
Closure of Kyles Scalpay and Leverburgh Toilets CH03.07	34	The Director of Environmental Services submitted a Report indicating that the public conveniences at Kyles Scalpay and Leverburgh had recently become redundant. The Leverburgh public convenience had been superseded by a grant aided facility within the restaurant at the pier. The Kyles Scalpay facilities were no longer required due to the closure of the ferry terminal. It was agreed to recommend that the Director of Environmental Services: (1) be authorised to close the redundant public conveniences at Kyles Scalpay and Leverburgh; and (2) would bring a Report to the Committee detailing the options available for the future use of the buildings.
Environmental Improvements: West Gerinish CH03.01	35*	With reference to item 11 of the Minute of Meeting of 28 January 1998 the Director of Environmental Services and the Director of Technical Services submitted a joint Report detailing an Environmental Management Plan for West Gerinish, South Uist. Approval had been given to an early package of measures and budgetary provision of £30k had been allocated to kick start the environmental improvements. It was agreed to recommend that: (1) the proposals for environmental improvements in West Gerinish as detailed in the Management Plan, be accepted in principle as the basis for further action in the township; and (2) the Committee notes that an early start to the work was approved at the meeting on 28 January 1997 with the sum of £30k programmed to be spent in the current financial year. Additional similar levels of funding, from the Roads Maintenance Budget, would be considered for the following financial year.
		PERFORMANCE REVIEW
Business Plan for the Environmental Services Department CH03.01	36*	The Director of Environmental Services submitted a Report detailing the Environmental Services Department's Draft Business Plan for 1998/99. The plan set out the proposed work output of the Department for the next financial year including demand led work and the Comhairle's Key Tasks, set against the resources available. It was agreed to recommend approval of the 1998/99 Business Plan for the Environmental Services Department insofar as the interests of the Committee were concerned.
		PERFORMANCE MONITORING
Reports Outstanding PR33.01.12	37	The Director of Corporate Services submitted a Report detailing Reports outstanding arising from the Environmental Services Committee since May 1994. It was agreed to note the Report.
___