Es9809

ENVIRONMENTAL SERVICES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday 30 September 1998 at 9.00 am

PRESENT

Mr Donald I Nicholson (Chairman)

Mr Allan F Macleod (Vice-Chairman)

Mrs Katie M Mackenzie

Mr Donald H M Maciver

Mr Norman A Macdonald

Mr Norman L Macdonald

Mr Donald Murray

Mr Kenneth Mackay

Mr Roderick J Murray

Mr Colin Campbell

APOLOGIES

Mr Alasdair G Macrae

Mr Iain Macsween

Tribute: Miss Mackenzie

The Chairman welcomed Miss Anne Mackenzie, Solicitor, to her first Meeting of the Committee.

MINUTES

Environmental Services

CH01.02

75

The Minute of Meeting of 19 August 1998 was approved.

Environmental Services Sub-Committee

CH01.03

76*

The Minute of Meeting of Environmental Services Sub-Committee of 2 September 1998 was submitted.

It was agreed to recommend approval of item 2, recommendation (2).

TRADING STANDARDS

Provision of Consumer Advice

CH02.01

77*

With reference to Item 9 of the Minute of Meeting of 28 January 1998 the Director of Environmental Services submitted a Report detailing the current arrangements for the provision of consumer advice within the Western Isles and, in particular, the arrangements for monitoring the assistance provided to the Comhairle by the Western Isles Citizens Advice Service in the provision of consumer advice.

It was agreed to defer consideration of this item until January 1999 when the Director of Environmental Services shall present a Report detailing the financial and operational implications of any agreement with WICAS to provide consumer advice on behalf of the Comhairle.

Review of Street Trader Licensing

CH04.22

78*

The Director of Environmental Services submitted a Report concerning the issuing of a Street Traders and Late Hours Catering Licence permitting trading on Sunday in South Uist. The case had highlighted the need for the Comhairle to re-consider licensing of Street Traders and other policies in respect of Civic Government Licensing.

It was agreed to recommend:-

(1) the homologation of the action of the Director of Environmental Services in granting a Street Traders and Late Hours Catering Licence to Mary Kate Steele, Seaview, Lochboisdale, South Uist permitting trading on a Sunday;

(2) that Street Traders engaged in a food business, with the exception of those which dispense hot food, be excluded from the Street Traders Licensing Scheme; and

(3) that the Director of Environmental Services, in consultation with the appropriate Local Member and the Chairman of the Environmental Services Committee, be authorised to determine whether licences for Street Traders and Late Hours Catering, granted by the Comhairle under the Civic Government (Scotland) Act 1982 should permit trading on a Sunday.

ENVIRONMENTAL HEALTH

Conditions of Contract and Tender Specification

PR90.15.10

79*

The Director of Environmental Services submitted a Report detailing the Contract Conditions and Tender Specification to be applied to the contract for Refuse Collection, Street Cleansing and Ground Maintenance and Gravedigging in Cemeteries.

It was agreed to recommend approval of the contract documentation including the Contract Conditions and Tender Specification tabled at the meeting for the contract for Refuse Collection, Street Cleansing and Ground Maintenance and Gravedigging in Cemeteries.

It was agreed that, in accordance with the provision of Schedule 7A of the Local Government (Scotland) Act 1973 the Public, including the Press, be excluded from the Meeting during consideration of the following item on the grounds that exempt information defined in Standing Order 26 (f), namely information relating to the financial or business affairs of any particular person would be disclosed.

Evaluation of Potential Tenderers

PR90.15.10

80*

The Director of Environmental Services submitted a Report detailing the conclusions of the tenderer evaluation exercise for the contract for Refuse Collection, Street Cleansing and Ground Maintenance and Gravedigging in Cemeteries. The evaluation procedure included an independent assessment of the potential tenderers by Barony Consulting Ltd.

It was agreed to recommend:-

(1) that Mitchell and Struthers (Contracts) Limited be not invited to submit a tender for the contract for Refuse Collection, Street Cleansing and Grounds Maintenance and Gravedigging in Cemeteries;

(2) the termination of the Voluntary Competitive Tendering process and to its substitution by an alternative approach that would demonstrate how Best Value with regard to the services could be achieved; and

(3) that Officers be required to bring recommendations to the Committee as soon as practical, suggesting the best procedure the Comhairle should adopt to ensure that the Refuse Collection, Street Cleansing and Grounds Maintenance and Gravedigging in Cemeteries services were provided in the most effective manner, in conformity with the principles of best value and Comhairle policy.

Bennadrove Phase 2

CH03.08.05

81*

The Director of Environmental Services submitted a Report indicating that the initial tipping cell at Bennadrove Landfill site was almost full and financial provision was available in the current financial year to allow for design of the next phase with construction due to start early in 1999. The Report indicated that the original design work on the site had been carried out by Aspinwall and Company including the design and construction of the complex leachate treatment system. A major part of the design for Phase 2 had already been completed when Phase 1 was designed and it would therefore seem prudent to re-engage Aspinwall and Company to complete the design works in the interests of continuity.

It was agreed to recommend that Aspinwall and Company be appointed as Consultants for the design, tendering and the construction works required to construct Phase II of the Bennadrove Landfill Site.

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 Public, including the Press, be excluded from the Meeting during consideration of the following item on the grounds that exempt information as defined in Standing Order 26(f), namely information relating to the financial or business affairs of any particular person would be disclosed.

Area of Land At Bennadrove

CH03.08.05

82*

With reference to Item 55 of the Minute of Meeting of 10 June 1998 the Director of Corporate Services submitted a Report concerning the sub-lease of an area of ground adjacent to Bennadrove Refuse Disposal Site to Mr Mark Tayburn for a period of ten years. An application had been received from Mr Tayburn requesting that the period of let be increased to 25 years as this would allow Mr Tayburn to grant security in favour of a bank or building society thus increasing his financial resources.

It was agreed to recommend that the Comhairle agree to sub-lease the area of ground extending to 5,250 square metres adjacent to Bennadrove Refuse Disposal Site to Mr Mark Tayburn subject to the consent of the Stornoway Trust as head landlords for an extended period from ten years to twenty five years or until such time as his planning permission lapses, whichever first occurs, and on the same terms and conditions as the original contract.

Microbiological Examination of Food

CH03.01.03

83*

The Director of Environmental Services submitted a Report detailing the current arrangements for the examination of food samples. Authorised officers of the Comhairle procured samples of food either as part of an annual surveillance programme or in the course of a complaint investigation or food poisoning investigation. These samples were submitted to an approved laboratory for analysis or examination by suitably qualified persons. The Report further indicated that, after 1 November 1998, official control samples of food stuffs must be submitted to a laboratory which was United Kingdom Accreditation Services accredited. It would therefore be necessary to cease the Comhairle's existing arrangements with the clinical laboratory at the Western Isles Hospital and transfer the work to the Public Analyst and Food Examiner at Glasgow Scientific Services Laboratory.

It was agreed to recommend the:-

(1) approval of the extension of current arrangements with Glasgow Scientific Services to include the microbiological examination of food samples; and

(2) approval of the appointment of the Public Analyst, Food Examiner and Agricultural Examiner as follows:

Dr C Macdonald, Public Analyst, Agricultural Analyst, Food Examiner

Mr S Joyce, Public Analyst, Depute Agricultural Analyst, Food Examiner

Mr G Walker, Public Analyst, Depute Agricultural Analyst

Mr J Waddell, Food Examiner

Mrs K Platt, Food Examiner

LICENSING

Licensing - Best Value Review

CH04.01

84*

The Director of Corporate Services submitted a Report detailing the terms of reference for service review of the licensing function, covering liquor, taxi and public entertainment. The review was part of the Comhairle's planned programme of service reviews under the Best Value regime.

It was agreed to recommend:

(1) approval of the terms of reference of a service review of the licensing function, covering liquor, taxi and public entertainment as detailed in the appendix to the Report; and

(2) that the Chairman of the Licensing Board be included on the Licensing Best Value Review Team.

PERFORMANCE REVIEW

Outstanding Action

PR33.01.12

85

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 Donald H M Maciver
	Mr Norman A Macdonald	Mr Norman L Macdonald
	Mr Donald Murray	Mr Kenneth Mackay
	Mr Roderick J Murray	Mr Colin Campbell

APOLOGIES	Mr Alasdair G Macrae	Mr Iain Macsween

Tribute: Miss Mackenzie		The Chairman welcomed Miss Anne Mackenzie, Solicitor, to her first Meeting of the Committee.
		MINUTES
Environmental Services CH01.02	75	The Minute of Meeting of 19 August 1998 was approved.
Environmental Services Sub-Committee CH01.03	76*	The Minute of Meeting of Environmental Services Sub-Committee of 2 September 1998 was submitted. It was agreed to recommend approval of item 2, recommendation (2).
		TRADING STANDARDS
Provision of Consumer Advice CH02.01	77*	With reference to Item 9 of the Minute of Meeting of 28 January 1998 the Director of Environmental Services submitted a Report detailing the current arrangements for the provision of consumer advice within the Western Isles and, in particular, the arrangements for monitoring the assistance provided to the Comhairle by the Western Isles Citizens Advice Service in the provision of consumer advice. It was agreed to defer consideration of this item until January 1999 when the Director of Environmental Services shall present a Report detailing the financial and operational implications of any agreement with WICAS to provide consumer advice on behalf of the Comhairle.
Review of Street Trader Licensing CH04.22	78*	The Director of Environmental Services submitted a Report concerning the issuing of a Street Traders and Late Hours Catering Licence permitting trading on Sunday in South Uist. The case had highlighted the need for the Comhairle to re-consider licensing of Street Traders and other policies in respect of Civic Government Licensing. It was agreed to recommend:- (1) the homologation of the action of the Director of Environmental Services in granting a Street Traders and Late Hours Catering Licence to Mary Kate Steele, Seaview, Lochboisdale, South Uist permitting trading on a Sunday;
		(2) that Street Traders engaged in a food business, with the exception of those which dispense hot food, be excluded from the Street Traders Licensing Scheme; and (3) that the Director of Environmental Services, in consultation with the appropriate Local Member and the Chairman of the Environmental Services Committee, be authorised to determine whether licences for Street Traders and Late Hours Catering, granted by the Comhairle under the Civic Government (Scotland) Act 1982 should permit trading on a Sunday.
		ENVIRONMENTAL HEALTH
Conditions of Contract and Tender Specification PR90.15.10	79*	The Director of Environmental Services submitted a Report detailing the Contract Conditions and Tender Specification to be applied to the contract for Refuse Collection, Street Cleansing and Ground Maintenance and Gravedigging in Cemeteries. It was agreed to recommend approval of the contract documentation including the Contract Conditions and Tender Specification tabled at the meeting for the contract for Refuse Collection, Street Cleansing and Ground Maintenance and Gravedigging in Cemeteries. It was agreed that, in accordance with the provision of Schedule 7A of the Local Government (Scotland) Act 1973 the Public, including the Press, be excluded from the Meeting during consideration of the following item on the grounds that exempt information defined in Standing Order 26 (f), namely information relating to the financial or business affairs of any particular person would be disclosed.
Evaluation of Potential Tenderers PR90.15.10	80*	The Director of Environmental Services submitted a Report detailing the conclusions of the tenderer evaluation exercise for the contract for Refuse Collection, Street Cleansing and Ground Maintenance and Gravedigging in Cemeteries. The evaluation procedure included an independent assessment of the potential tenderers by Barony Consulting Ltd. It was agreed to recommend:- (1) that Mitchell and Struthers (Contracts) Limited be not invited to submit a tender for the contract for Refuse Collection, Street Cleansing and Grounds Maintenance and Gravedigging in Cemeteries; (2) the termination of the Voluntary Competitive Tendering process and to its substitution by an alternative approach that would demonstrate how Best Value with regard to the services could be achieved; and (3) that Officers be required to bring recommendations to the Committee as soon as practical, suggesting the best procedure the Comhairle should adopt to ensure that the Refuse Collection, Street Cleansing and Grounds Maintenance and Gravedigging in Cemeteries services were provided in the most effective manner, in conformity with the principles of best value and Comhairle policy.
Bennadrove Phase 2 CH03.08.05	81*	The Director of Environmental Services submitted a Report indicating that the initial tipping cell at Bennadrove Landfill site was almost full and financial provision was available in the current financial year to allow for design of the next phase with construction due to start early in 1999. The Report indicated that the original design work on the site had been carried out by Aspinwall and Company including the design and construction of the complex leachate treatment system. A major part of the design for Phase 2 had already been completed when Phase 1 was designed and it would therefore seem prudent to re-engage Aspinwall and Company to complete the design works in the interests of continuity.
		It was agreed to recommend that Aspinwall and Company be appointed as Consultants for the design, tendering and the construction works required to construct Phase II of the Bennadrove Landfill Site. 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 Public, including the Press, be excluded from the Meeting during consideration of the following item on the grounds that exempt information as defined in Standing Order 26(f), namely information relating to the financial or business affairs of any particular person would be disclosed.
Area of Land At Bennadrove CH03.08.05	82*	With reference to Item 55 of the Minute of Meeting of 10 June 1998 the Director of Corporate Services submitted a Report concerning the sub-lease of an area of ground adjacent to Bennadrove Refuse Disposal Site to Mr Mark Tayburn for a period of ten years. An application had been received from Mr Tayburn requesting that the period of let be increased to 25 years as this would allow Mr Tayburn to grant security in favour of a bank or building society thus increasing his financial resources. It was agreed to recommend that the Comhairle agree to sub-lease the area of ground extending to 5,250 square metres adjacent to Bennadrove Refuse Disposal Site to Mr Mark Tayburn subject to the consent of the Stornoway Trust as head landlords for an extended period from ten years to twenty five years or until such time as his planning permission lapses, whichever first occurs, and on the same terms and conditions as the original contract.
Microbiological Examination of Food CH03.01.03	83*	The Director of Environmental Services submitted a Report detailing the current arrangements for the examination of food samples. Authorised officers of the Comhairle procured samples of food either as part of an annual surveillance programme or in the course of a complaint investigation or food poisoning investigation. These samples were submitted to an approved laboratory for analysis or examination by suitably qualified persons. The Report further indicated that, after 1 November 1998, official control samples of food stuffs must be submitted to a laboratory which was United Kingdom Accreditation Services accredited. It would therefore be necessary to cease the Comhairle's existing arrangements with the clinical laboratory at the Western Isles Hospital and transfer the work to the Public Analyst and Food Examiner at Glasgow Scientific Services Laboratory. It was agreed to recommend the:- (1) approval of the extension of current arrangements with Glasgow Scientific Services to include the microbiological examination of food samples; and (2) approval of the appointment of the Public Analyst, Food Examiner and Agricultural Examiner as follows: Dr C Macdonald, Public Analyst, Agricultural Analyst, Food Examiner Mr S Joyce, Public Analyst, Depute Agricultural Analyst, Food Examiner Mr G Walker, Public Analyst, Depute Agricultural Analyst Mr J Waddell, Food Examiner Mrs K Platt, Food Examiner

		LICENSING
Licensing - Best Value Review CH04.01	84*	The Director of Corporate Services submitted a Report detailing the terms of reference for service review of the licensing function, covering liquor, taxi and public entertainment. The review was part of the Comhairle's planned programme of service reviews under the Best Value regime. It was agreed to recommend: (1) approval of the terms of reference of a service review of the licensing function, covering liquor, taxi and public entertainment as detailed in the appendix to the Report; and (2) that the Chairman of the Licensing Board be included on the Licensing Best Value Review Team.
		PERFORMANCE REVIEW
Outstanding Action PR33.01.12	85	The Director of Corporate Services submitted a Report detailing reports outstanding arising from decisions of the Committee. It was agreed to note the Report.