ES9806

ENVIRONMENTAL SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday 10 June 1998 at 9.00 a.m.

PRESENT

Mr Donald I Nicholson (Chairman)

Mr Allan F Macleod (Vice-Chairman)

Mrs Katie M Mackenzie

Mr Norman A Macdonald

Mr Norman L Macdonald

Mr Angus M Graham

Mr Iain Macsween

Mr Donald Murray

Mr Kenneth Mackay

Mr Alasdair G Macrae

Mr Colin Campbell

APOLOGIES

Mr Roderick J Murray

MINUTES

Environmental Services CH02.06

47

The Minute of Meeting of 22 April 1998 was approved.

FINANCE

Fourth Quarter Revenue Out-turn 1997/98

PR110.08.13

48

With reference to item 23 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 period 1 April 1997 - 31 March 1998.

It was agreed to note the Report.

Non-Housing Capital Monitoring - Final Out-turn Figures 1997/98

PR110.01.23

49*

The Director of Finance submitted a Report concerning the Programme of Capital Expenditure for the 1997/98 financial year for all services except the Housing Revenue Account. The Report highlighted areas of overspend, underspend and slippage within the Programme.

It was agreed to recommend, insofar as the Committee's interest was concerned, that the Director of Finance be authorised to carry forward the net underspend and slippage on the Programme of Capital Expenditure for 1997/98 to cover the increase commitments in 1998/99 on the basis detailed in his Report.

1997/98 Underspend: Carry Forward

PR110.08.13

50*

The Director of Environmental Services submitted a Report identifying underspends in the Environmental Services Department's budget's for 1997/98. The total underspend in the Department's Budget totalled £55,750 and was available for carrying forward into the 1998/99 Financial Year. The Report indicated that carry forward monies were better spent on one-off expenditure to bring about service improvements rather than on items that would have revenue implications in future years.

It was agreed to recommend that the £55,750 underspend in the Environmental Services Department's Budgets 1997/98 be carried forward and used in the following manner:

£12,000 - Western Isles Litter Initiative

£25,000 - Complete Rueval Landfill Access Road

£6,000 - Tackle Backlog of Derelict Vehicles; and

£12,750 - Purchase of Specialised Commercial Skips.

TRADING STANDARDS

Mr Norman L Macdonald having declared an interest left the Meeting during consideration of the following item.

Office of Fair Trading's Report on Petrol Prices

CH02.04.10

51*

The Director of Environmental Services submitted a Report detailing the content of the Office of Fair Trading's Report on competition in the supply of petrol in the UK which was published in May 1998. The main finding of the Report was that competition in the petrol market was seen to be strong and working to the benefit of consumers, a finding which has been greeted with dismay and disappointment throughout the Highlands and Islands. The Report, based on an investigation under competition legislation, reflected the findings of previous investigations and indicated that further efforts to reduce fuel prices may be fruitless.

It was agreed to recommend that:

(1) in the light of the findings of the OFT's Report on Petrol Prices, the Comhairle concentrate its Campaign to reduce fuel prices on the economic impact of high fuel prices and Development Services Committee be invited to take the lead on the issue;

(2) the monthly Pricewatch Survey be continued by European and Development Services; and

(3) officer representation on the Highlands and Islands Action Group on Hydrocarbon Fuel Prices be transferred to European and Development Services.

ENVIRONMENTAL HEALTH

Size, Style and Scope Cleansing Contracts PR90.15.10

52*

The Director of Environmental Services submitted a Report concerning the contract for Refuse Collection, Street Cleansing and Ground Maintenance and Gravedigging in Cemeteries. The Current contracts had been operating satisfactorily and were easy to monitor and enforce with the existing contract conditions, specifications and bills of quantities. The introduction of Best Value would mean that certain aspects of the contract documentation and other arrangements would need to be amended. The Report detailed the various options available to the Comhairle with regard to the packaging of the services for tendering purposes and indicated that the Comhairle would be keen to ensure that it received the required services to the required standards at the most economic sustainable costs.

It was agreed to recommend that:

(1) Refuse Collection, Street Cleansing and Grounds Maintenance and Gravedigging in Cemeteries be tendered as one contract;

(2) the contract for Refuse Collection, Street Cleansing and Grounds Maintenance and Gravedigging in Cemeteries be let for a period of five years from 1 April 1999 - 31 March 2004;

(3) the contract be based on bills of quantities supported by a detailed contract specification;

(4) the draft work specifications tabled at the Meeting be approved;

(5) the bills of quantities be drawn up in a manner which would allow items that could be delivered on a more decentralised, locally based manner to be removed from the contract; and

(6) the frequency of refuse collection in the village of Rhenigidale be increased to fortnightly under the new contract.

Questionnaire and Advertisement for VCT Contracts PR90.15.10

53*

The Director of Environmental Services submitted a Report detailing the questionnaire and advertisement for the Refuse Collection, Street Cleansing, Grounds Maintenance and Gravedigging in Cemeteries select list of contractors. The Report indicated that the Comhairle was proceeding with tendering for these services on a voluntary basis as part of the Best Value submission.

It was agreed to recommend:

(1) that the contract for Refuse Collection, Street Cleansing, Grounds Maintenance and Gravedigging in cemeteries be advertised in

The Stornoway Gazette

The West Highland Free Press

The Municipal Journal; and

The Official Journal of the European Communities

(2) the approval of the content and use of the questionnaire as tabled at the Meeting; and

(3) that charges of £50 for the work specifications and £150 for the full contract documentation of Refuse Collection, Street Cleansing, Ground Maintenance and Gravedigging in Cemeteries be levied.

Contractor and Tendering Evaluation PR90.15.10

54*

The Director of Environmental Services submitted a Report detailing a method of evaluating questionnaires and tender documents received from contractors for the contract for Refuse Collection, Street Cleansing, Grounds Maintenance and Gravedigging in Cemeteries. The Report detailed the evaluation group procedures and the Comhairle criteria which would be applied to ensure that any contractor invited to tender for the contract was suitable.

It was agreed to recommend that:

(1) the quality based tender evaluation system outlined in the Contractor and Tender Evaluation Manual as tabled at the Meeting be approved;

(2) any organisation invited to tender had experience of providing similar services to a scale broadly equivalent to that of those being tendered;

(3) the estimated value of the contract was not likely to form more than 25% of any external contractors total annual financial turn-over;

(4) the evaluation process adopted included an option to benchmark services if insufficient suitable expressions of interest or tenders were received;

(5) the evaluation group comprise Uisdean Fraser (Environmental Services, Client Side), Martin Jones (Finance Department), Marie Clare Lunny (Corporate Services), and Kenneth McNeill (Barony Consulting Ltd).

Mr Norman L Macdonald having declared an interest left the Meeting during consideration of the following item.

It was agreed that, in accordance with the provisions of Schedule 7A of the Local Government (Scotland) Act 1973, the press and public be excluded from the meeting during consideration of the following item, on the grounds that exempt information defined in Standing Order 26(i), namely, information relating to any terms proposed or to be proposed by or to the Comhairle in the course of negotiation for a contract for the acquisition or disposal of property or the supply of goods or services would be disclosed.

Application to Sub-lease Area of Land at Bennadrove CH03.08.05

55*

The Director of Corporate Services submitted a Report concerning a request by Mr Mark Tayburn, Trading as Mako Trowels, to lease an area of ground adjacent to Bennadrove Refuse Disposal Site for his metal recycling business. The Report indicated that Mr Tayburn had obtained planning permission in respect of the site on appeal to the Secretary of State for Scotland for the collection, processing and consignment in bulk loads of scrap vehicles.

It was agreed to recommend that the Comhairle agree to sub-lease the area of ground extending to 5250 square metres adjacent to Bennadrove Refuse Disposal Site to Mr Mark Tayburn for a period of 10 years at a rental to be determined by the District Valuer Scotland North West and subject to;

(1) such other terms and conditions as the Director of Corporate Services, in consultation with the Director of Environmental Services, shall deem appropriate; and

(2) all necessary licenses and other authorities required by law to operate such a site being in place prior to the commencement of the lease.

Membership of KIMO

CH03.13

56*

With reference to item 99 of the Minute of Meeting of 4 October 1995 the Director of Environmental Services submitted a Report concerning the Local Authorities International Environmental Organisation (KIMO). The Report detailed the objectives and recent activities of KIMO and indicated that the annual membership fee for Councils with a population of 0 - 50,000 was £600 but there was a special introductory rate for £300 for new members.

It was agreed to recommend that the Comhairle becomes a member of the Local Authorities International Environmental Organisation (KIMO).

Food Safety Enforcement Policy

CH03.01.29

57*

The Director of Environmental Services submitted a Report concerning increased prominence being given to food safety legislation following the E-coli outbreak in central Scotland and subsequent Government approval of the Pennington Report. There had been significant changes nationally in the attitude to and the importance given to food safety legislation. There had also been further guidance from the Government, the Local Authorities Co-ordinating Body on Food and Trading Standards (LACOTS), COSLA and the Scottish Food Co-ordinating Committee.

It was agreed to recommend that:

(1) the Food Safety Enforcement Policy detailed in the Report be approved in principle;

(2) the terms of the policy be discussed with operators of food businesses and interested members of the public; and

(3) the Director of Environmental Services be authorised to make minor amendments to the policy in response to comments from the trade and public if necessary.

Future Use of Leverburgh and Kyles Scalpay Toilets

CH03.07

58*

With reference to item 34 of the Minute of Meeting of 11 March 1998 the Director of Environmental Services submitted a Report detailing the interest shown in future use of the redundant public conveniences at Kyles Scalpay and Leverburgh. Leverburgh Fisherman's Group had requested to take over the Leverburgh Toilets for use as stores. While a verbal expression of interest had been received from fishermen on Scalpay in respect of the Kyles Scalpay Toilet the matter could only be progressed once they were constituted as a Pier Users Group and a formal notification of their intent had been received.

It was agreed to recommend that:

(1) the former public convenience at Leverburgh Pier be leased to Leverburgh Fisherman's Group;

(2) the Director of Environmental Services and Director of Corporate Services be authorised to negotiate and agree the terms of the leases for the former public conveniences at Leverburgh pier and Kyles Scalpay; and

(3) the former public convenience at Kyles Scalpay be demolished if a lease for its use was not drawn up within one month.

Scottish Wildlife Trust

CH03.09

59*

The Director of Environmental Services submitted a Report concerning a request for financial assistance received from the Scottish Wildlife Trust. The Trust was concerned with conserving all forms of wildlife throughout Scotland and had 15,000 members. There are two local representatives in South Uist and Harris.

It was agreed to recommend that the Comhairle does not give financial assistance to the Scottish Wildlife Trust.

Insurance Claim: Capt Roderick Mackinnon

L10.01

60*

The Director of Corporate Services submitted a Report concerning an insurance claim received from Capt Roderick Mackinnon, elected member for Northbay. The claim was in respect of damage caused to sewerage outfall pipe septic tank at Capt Mackinnon's home at Brevig, Isle of Barra by one of the Comhairle's refuse vehicles. The estimated cost of repair was £128.

It was agreed to recommend that the claim for repair to the sewage outfall pipe at Faire Rhum, Brevig, Isle of Barra from Capt Roderick Mackinnon be accepted and that the Director of Corporate Services be authorised to offer the sum of £128 to Capt Mackinnon in full and final settlement of the claim.

PERFORMANCE REVIEW

Reports Outstanding: Progress

PR33.01.12

61

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 Allan F Macleod (Vice-Chairman)
	Mrs Katie M Mackenzie
	Mr Norman A Macdonald	Mr Norman L Macdonald
	Mr Angus M Graham	Mr Iain Macsween
	Mr Donald Murray	Mr Kenneth Mackay
	Mr Alasdair G Macrae	Mr Colin Campbell

APOLOGIES	Mr Roderick J Murray

		MINUTES
Environmental Services CH02.06	47	The Minute of Meeting of 22 April 1998 was approved.
		FINANCE
Fourth Quarter Revenue Out-turn 1997/98 PR110.08.13	48	With reference to item 23 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 period 1 April 1997 - 31 March 1998. It was agreed to note the Report.
Non-Housing Capital Monitoring - Final Out-turn Figures 1997/98 PR110.01.23	49*	The Director of Finance submitted a Report concerning the Programme of Capital Expenditure for the 1997/98 financial year for all services except the Housing Revenue Account. The Report highlighted areas of overspend, underspend and slippage within the Programme. It was agreed to recommend, insofar as the Committee's interest was concerned, that the Director of Finance be authorised to carry forward the net underspend and slippage on the Programme of Capital Expenditure for 1997/98 to cover the increase commitments in 1998/99 on the basis detailed in his Report.
1997/98 Underspend: Carry Forward PR110.08.13	50*	The Director of Environmental Services submitted a Report identifying underspends in the Environmental Services Department's budget's for 1997/98. The total underspend in the Department's Budget totalled £55,750 and was available for carrying forward into the 1998/99 Financial Year. The Report indicated that carry forward monies were better spent on one-off expenditure to bring about service improvements rather than on items that would have revenue implications in future years.
		It was agreed to recommend that the £55,750 underspend in the Environmental Services Department's Budgets 1997/98 be carried forward and used in the following manner: £12,000 - Western Isles Litter Initiative £25,000 - Complete Rueval Landfill Access Road £6,000 - Tackle Backlog of Derelict Vehicles; and £12,750 - Purchase of Specialised Commercial Skips.
		TRADING STANDARDS
		Mr Norman L Macdonald having declared an interest left the Meeting during consideration of the following item.
Office of Fair Trading's Report on Petrol Prices CH02.04.10	51*	The Director of Environmental Services submitted a Report detailing the content of the Office of Fair Trading's Report on competition in the supply of petrol in the UK which was published in May 1998. The main finding of the Report was that competition in the petrol market was seen to be strong and working to the benefit of consumers, a finding which has been greeted with dismay and disappointment throughout the Highlands and Islands. The Report, based on an investigation under competition legislation, reflected the findings of previous investigations and indicated that further efforts to reduce fuel prices may be fruitless. It was agreed to recommend that: (1) in the light of the findings of the OFT's Report on Petrol Prices, the Comhairle concentrate its Campaign to reduce fuel prices on the economic impact of high fuel prices and Development Services Committee be invited to take the lead on the issue; (2) the monthly Pricewatch Survey be continued by European and Development Services; and (3) officer representation on the Highlands and Islands Action Group on Hydrocarbon Fuel Prices be transferred to European and Development Services.
		ENVIRONMENTAL HEALTH
Size, Style and Scope Cleansing Contracts PR90.15.10	52*	The Director of Environmental Services submitted a Report concerning the contract for Refuse Collection, Street Cleansing and Ground Maintenance and Gravedigging in Cemeteries. The Current contracts had been operating satisfactorily and were easy to monitor and enforce with the existing contract conditions, specifications and bills of quantities. The introduction of Best Value would mean that certain aspects of the contract documentation and other arrangements would need to be amended. The Report detailed the various options available to the Comhairle with regard to the packaging of the services for tendering purposes and indicated that the Comhairle would be keen to ensure that it received the required services to the required standards at the most economic sustainable costs.
		It was agreed to recommend that: (1) Refuse Collection, Street Cleansing and Grounds Maintenance and Gravedigging in Cemeteries be tendered as one contract; (2) the contract for Refuse Collection, Street Cleansing and Grounds Maintenance and Gravedigging in Cemeteries be let for a period of five years from 1 April 1999 - 31 March 2004; (3) the contract be based on bills of quantities supported by a detailed contract specification; (4) the draft work specifications tabled at the Meeting be approved; (5) the bills of quantities be drawn up in a manner which would allow items that could be delivered on a more decentralised, locally based manner to be removed from the contract; and (6) the frequency of refuse collection in the village of Rhenigidale be increased to fortnightly under the new contract.
Questionnaire and Advertisement for VCT Contracts PR90.15.10	53*	The Director of Environmental Services submitted a Report detailing the questionnaire and advertisement for the Refuse Collection, Street Cleansing, Grounds Maintenance and Gravedigging in Cemeteries select list of contractors. The Report indicated that the Comhairle was proceeding with tendering for these services on a voluntary basis as part of the Best Value submission. It was agreed to recommend: (1) that the contract for Refuse Collection, Street Cleansing, Grounds Maintenance and Gravedigging in cemeteries be advertised in The Stornoway Gazette The West Highland Free Press The Municipal Journal; and The Official Journal of the European Communities (2) the approval of the content and use of the questionnaire as tabled at the Meeting; and (3) that charges of £50 for the work specifications and £150 for the full contract documentation of Refuse Collection, Street Cleansing, Ground Maintenance and Gravedigging in Cemeteries be levied.
Contractor and Tendering Evaluation PR90.15.10	54*	The Director of Environmental Services submitted a Report detailing a method of evaluating questionnaires and tender documents received from contractors for the contract for Refuse Collection, Street Cleansing, Grounds Maintenance and Gravedigging in Cemeteries. The Report detailed the evaluation group procedures and the Comhairle criteria which would be applied to ensure that any contractor invited to tender for the contract was suitable. It was agreed to recommend that: (1) the quality based tender evaluation system outlined in the Contractor and Tender Evaluation Manual as tabled at the Meeting be approved; (2) any organisation invited to tender had experience of providing similar services to a scale broadly equivalent to that of those being tendered;
		(3) the estimated value of the contract was not likely to form more than 25% of any external contractors total annual financial turn-over; (4) the evaluation process adopted included an option to benchmark services if insufficient suitable expressions of interest or tenders were received; (5) the evaluation group comprise Uisdean Fraser (Environmental Services, Client Side), Martin Jones (Finance Department), Marie Clare Lunny (Corporate Services), and Kenneth McNeill (Barony Consulting Ltd).
		Mr Norman L Macdonald having declared an interest left the Meeting during consideration of the following item.
		It was agreed that, in accordance with the provisions of Schedule 7A of the Local Government (Scotland) Act 1973, the press and public be excluded from the meeting during consideration of the following item, on the grounds that exempt information defined in Standing Order 26(i), namely, information relating to any terms proposed or to be proposed by or to the Comhairle in the course of negotiation for a contract for the acquisition or disposal of property or the supply of goods or services would be disclosed.
Application to Sub-lease Area of Land at Bennadrove CH03.08.05	55*	The Director of Corporate Services submitted a Report concerning a request by Mr Mark Tayburn, Trading as Mako Trowels, to lease an area of ground adjacent to Bennadrove Refuse Disposal Site for his metal recycling business. The Report indicated that Mr Tayburn had obtained planning permission in respect of the site on appeal to the Secretary of State for Scotland for the collection, processing and consignment in bulk loads of scrap vehicles. It was agreed to recommend that the Comhairle agree to sub-lease the area of ground extending to 5250 square metres adjacent to Bennadrove Refuse Disposal Site to Mr Mark Tayburn for a period of 10 years at a rental to be determined by the District Valuer Scotland North West and subject to; (1) such other terms and conditions as the Director of Corporate Services, in consultation with the Director of Environmental Services, shall deem appropriate; and (2) all necessary licenses and other authorities required by law to operate such a site being in place prior to the commencement of the lease.
Membership of KIMO CH03.13	56*	With reference to item 99 of the Minute of Meeting of 4 October 1995 the Director of Environmental Services submitted a Report concerning the Local Authorities International Environmental Organisation (KIMO). The Report detailed the objectives and recent activities of KIMO and indicated that the annual membership fee for Councils with a population of 0 - 50,000 was £600 but there was a special introductory rate for £300 for new members. It was agreed to recommend that the Comhairle becomes a member of the Local Authorities International Environmental Organisation (KIMO).
Food Safety Enforcement Policy CH03.01.29	57*	The Director of Environmental Services submitted a Report concerning increased prominence being given to food safety legislation following the E-coli outbreak in central Scotland and subsequent Government approval of the Pennington Report. There had been significant changes nationally in the attitude to and the importance given to food safety legislation. There had also been further guidance from the Government, the Local Authorities Co-ordinating Body on Food and Trading Standards (LACOTS), COSLA and the Scottish Food Co-ordinating Committee.
		It was agreed to recommend that: (1) the Food Safety Enforcement Policy detailed in the Report be approved in principle; (2) the terms of the policy be discussed with operators of food businesses and interested members of the public; and (3) the Director of Environmental Services be authorised to make minor amendments to the policy in response to comments from the trade and public if necessary.
Future Use of Leverburgh and Kyles Scalpay Toilets CH03.07	58*	With reference to item 34 of the Minute of Meeting of 11 March 1998 the Director of Environmental Services submitted a Report detailing the interest shown in future use of the redundant public conveniences at Kyles Scalpay and Leverburgh. Leverburgh Fisherman's Group had requested to take over the Leverburgh Toilets for use as stores. While a verbal expression of interest had been received from fishermen on Scalpay in respect of the Kyles Scalpay Toilet the matter could only be progressed once they were constituted as a Pier Users Group and a formal notification of their intent had been received.
		It was agreed to recommend that: (1) the former public convenience at Leverburgh Pier be leased to Leverburgh Fisherman's Group; (2) the Director of Environmental Services and Director of Corporate Services be authorised to negotiate and agree the terms of the leases for the former public conveniences at Leverburgh pier and Kyles Scalpay; and (3) the former public convenience at Kyles Scalpay be demolished if a lease for its use was not drawn up within one month.
Scottish Wildlife Trust CH03.09	59*	The Director of Environmental Services submitted a Report concerning a request for financial assistance received from the Scottish Wildlife Trust. The Trust was concerned with conserving all forms of wildlife throughout Scotland and had 15,000 members. There are two local representatives in South Uist and Harris. It was agreed to recommend that the Comhairle does not give financial assistance to the Scottish Wildlife Trust.
Insurance Claim: Capt Roderick Mackinnon L10.01	60*	The Director of Corporate Services submitted a Report concerning an insurance claim received from Capt Roderick Mackinnon, elected member for Northbay. The claim was in respect of damage caused to sewerage outfall pipe septic tank at Capt Mackinnon's home at Brevig, Isle of Barra by one of the Comhairle's refuse vehicles. The estimated cost of repair was £128. It was agreed to recommend that the claim for repair to the sewage outfall pipe at Faire Rhum, Brevig, Isle of Barra from Capt Roderick Mackinnon be accepted and that the Director of Corporate Services be authorised to offer the sum of £128 to Capt Mackinnon in full and final settlement of the claim.
		PERFORMANCE REVIEW
Reports Outstanding: Progress PR33.01.12	61	The Director of Corporate Services submitted a Report detailing Reports Outstanding arising from decisions of the Committee. It was agreed to note the Report.