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PRESENT

 

Mr Angus Campbell (Chairman)

Mr Norman A Macdonald (Vice Chairman)

Mr Alexander A MacDonald Mr Norman L Macdonald

Mr Malcolm J Graham Mr Archie Campbell

Mr Angus Nicolson Mr Donald Maclean

Mr Murdo Macleod Mr Donald Manford

APOLOGIES

 

Mr Norman M Macleod

Mrs Morag Munro

   

MINUTES

Minute of Meeting of 18 March 2003

Minute of Meeting of 21 May 2003

1a)

1b)

The Minute of meeting of 18 March 2003 was approved.

The Minute of meeting of 21 May 2003 was approved.

   

PRESENTATIONS

Youth Council

PR 41

2

Mrs Sue McKerracher and Miss Emma Murray gave a presentation to the Committee on the progress made to date towards the establishment of a Youth Council. At the end of the presentation, Members were offered the opportunity to ask questions of Mrs McKerracher and Miss Murray. The Chairman thanked Mrs McKerracher and Miss Murray for their presentation.

It was agreed to note the progress made with establishing a Youth Council.

Presentation by Health Improvement Officer

PR42.09

3

Mrs Norma Skinner, Health Improvement Officer, gave a presentation to the Committee on her role and remit, and the development of a Health Improvement Plan. At the end of the presentation Members were offered the opportunity to ask questions of Mrs Skinner. The Chairman thanked Mrs Skinner for her presentation.

It was agreed to note the presentation.

   

CONSTITUTION

New Housing Partnerships Constitutional Arrangements

PR13.05.20

4

The Director of Corporate Services and the Assistant Director of Housing submitted a Joint Report recommending the establishment of appropriate constitutional arrangements to enable a separation of interests at member level in relation to the consideration of matters arising from the Stock Transfer process.

   

It was agreed to:

(1) establish a Stock Transfer Sub-Committee, on the basis of the remit detailed in paragraph 6.6 of the Report, subject to an amendment at paragraph 6.6 (c) to refer to `all contractual documentation' rather than "the Sale and Contract Agreement" until either the Comhairle has determined not to pursue Stock Transfer, or until the Comhairle's Housing Stock has transferred to Hebridean Housing Partnership;

   

(2) appoint the following Members to the Sub Committee:

    Mr Angus Campbell

    Mr Norman A Macdonald

    Mr Donald Manford

    Mr Alex A MacDonald

    Mr Norman L Macdonald

(3) recommend that the revised constitutional arrangements for the Policy and Resources Committee, Housing Committee and Human Resources Sub Committee, as detailed in the Report be implemented with effect from 13 June 2003; and

(4) recommend that the Director of Corporate Services be authorised to amend the Constitutional Documents, on the basis detailed in the report, to take account of the proposed revised remits of the Policy and Resources Committee, Housing Committee, Human Resources Sub-Committee and the establishment of a Stock Transfer Sub-Committee.

   

FINANCE

Planned Financial Reporting

PR100.03

5

The Director of Finance submitted a Report advising Members of the programme of reporting they may expect over the course of the current financial year.

It was agreed to recommend that the planned programme of reports detailed at Appendix A of the Report be noted.

Annual Treasury Management Report

PR120.06

6

The Director of Finance submitted a Report advising Members of the results of the Treasury Management Operation for 2002/2003. It was stated that the results for 2002/2003 showed a total saving in loan charges of £1,088,982 compared to budget and a consequent reduction in the pooled interest and expenses rate of 0.4%.

It was agreed to recommend that the Report be noted.

   

ACCOUNTS

Revenue Outturn

PR110.08

7

The Director of Finance submitted a Report informing Members of the Comhairle's revenue out-turn for 2002/2003. It was stated that at the end of March 2003 the Comhairle had out-turned with a surplus of £2,286,000 compared with an initial budget of £346,000.

It was agreed to note the Report and that proposals for use of uncommitted balances will be presented to Members in August along with the first quarter monitoring report for 2003/2004, and to recommend approval of:

(1) the net departmental carry forwards of £891,000 as detailed in appendix E of the Report; and

   

(2) the establishment of a short life working group to consider proposals for use of said uncommitted balances, and to review the scoring of the PIR system and report back to the August series. The following Members were nominated to the Working Group:

      Mr Angus Campbell

      Mr Norman A Macdonald

      Mr Norman L Macdonald

      Mr Archie Campbell

      Mr Angus Nicolson

      Mr Alex A MacDonald

Draft Accounts 2002/2003

PR110.02

8

The Director of Finance submitted the Draft Accounts for the financial year 2002/2003.

It was agreed to recommend that the Draft Accounts be noted.

Draft DLO Accounts 2002/2003

PR120.10

9

The Director of Finance submitted the Draft DLO Accounts for the financial year 2002/2003. The Chairman paid tribute to the work done by the Comhairle officers who had, by their efforts, achieved improvements in the financial position of the DLO.

It was agreed to recommend that the Draft DLO Accounts be noted.

   

HOUSING BUDGETS

Budget Management - 2002/2003 & 2003/04 Housing Revenue Account

PR110.08

10

The Director of Housing submitted a Report presenting proposals for amendments to the Housing Revenue Account budget for 2003/2004 in the light of new information and the out-turn position for 2002/2003. It was stated that loan charges payable in 2002/2003 were £245,322 lower than budgeted due to a restructuring of the Comhairle borrowing. The out-turn shows a surplus of £1,049.

It was agreed to recommend that:

(1) the surplus loan charges for 2002/03 of £245,322 be transferred to HRA Repairs And Renewals Reserve;

(2) £80,000 of the transfer to the HRA Repairs and Renewals is applied to increase the Repairs and Maintenance budget for 2003/04; and

(3) £100,000 of the transfer to HRA Repairs and Renewals is earmarked for potential increase in loan charges for 2003/04.

Housing Revenue Account Capital Programme 2002/2003

Final Out-Turn

PR110.08

11

The Director of Housing submitted a Report updating Members with regard to expenditure in respect of the Housing Revenue Account Capital Programme 2002/03.

It was agreed to recommend that the final out-turn expenditure for the Housing Revenue Account Capital Programme 2002/03, as detailed at Appendix 1 to the Report, be noted.

Housing Revenue Account Capital Programme 2003/04

PR110.05

12

The Director of Housing submitted a Report presenting the Housing Revenue Account Capital Programme 2003/04 for approval.

It was agreed to recommend that the Housing Revenue Account Capital Programme for 2003/04, as set out at Appendix 3 to the Report, be approved.

Rent Arrears 2002/2003: Progress Report

13

The Director of Housing submitted a Report apprising Members of the performance with regard to the control and recovery of current and former tenant rent arrears during the financial year 2002/03. It was stated that the level of rent arrears is generally regarded as a key measure of the performance of a housing service, and that against a backdrop of nationally rising rent debts, the level of rent arrears in the Western Isles has shown a steady decline over 14 years. The Chairman commended officers in the Housing and Finance Departments for their efforts in reducing the debts owed to the Comhairle.

It was agreed to recommend that the Report be noted and to recommend approval of the bad debt provisions detailed at paragraph 11.5 of the Report.

   

OTHER SERVICE BUDGETS

Capital Expenditure Outturn 1 April 2002 - 31 March 2003

PR110.01

14

The Director of Finance submitted a Report informing Members of the final out-turn of the Capital Programme for 2002/2003 at 31 March 2003 and seeking approval for the Capital Programme for 2003/2004.

It was agreed to recommend that the final capital expenditure to 31 March 2003 be noted and to recommend approval of the Slippage and Acceleration to/from the 2003/2004 Initial Committed Programme to the Approved programme for 2003/04.

Supporting People - Transfer of Budget Responsibility

PR110.04

15

The Director of Housing and the Director of Social Work submitted a Joint Report seeking approval to transfer responsibility for the administration of the Supporting People budget from the Housing Department to the Social Work Department. It was stated that Supporting People, the new planning and funding framework for housing support services, was implemented on 1 April 2003. Supporting People Grant, paid directly to the Comhairle by the Scottish Executive, has replaced Housing Benefit as the principal funding source for the provision of housing support services to vulnerable clients.

It was agreed to recommend that responsibility for the Supporting People budget be transferred from the Housing Department to the Social Work Department, with effect from 1 July 2003.

Money Advice Project Underspend

PR90.28

16

The Director for Sustainable Communities submitted a report seeking approval for the underspend for 2002/2003 for the Money Advice Project to be carried over to the current financial year.

It was agreed to recommend that WICAS be authorised to retain the Money Advice Project underspend of £847.49 for the financial year 2002/2003, provided that the said underspend is utilised for the Money Advice Project in the current financial year.

   

It was agreed that, under the terms of Section 50A(4) 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 Part 1 of Schedule 7A of the Act would be disclosed, namely information relating to the financial or business affairs of any particular person (other than the Comhairle).

An Lanntair Project (Progress Update)

PR90.28

17

The Director for Sustainable Communities submitted a Report updating Members on progress with the An Lanntair Project. It was stated that over the past three years the building design, project management, design team and financial package have been reconfigured in order for the project to proceed to implementation stage. This has now been achieved.

It was agreed to recommend that:

(1) £220,000 be transferred from the Conditional Capital Funding programme to the Capital Programme; and

(2) it be delegated to the Director for Sustainable Communities, acting in consultation with the Director of Finance, to release the Comhairle contribution to An Lanntair Project.

Urachadh Ubhist: Cultural Tourism Events Programme 2003

PR90.28

18

The Chief Executive submitted a report seeking Members' approval for funding for Urachadh Uibhist to organise a Cultural Tourism Events Programme for 2003.

It was agreed to recommend approval of expenditure of £2,100 from the Gaelic Development Budget to enable Urachadh Uibhist to organise a programme of Cultural Tourism events in Uist in 2003.

   

CONTRACT MANAGEMENT

   

It was agreed that, under the terms of Section 50A(4) 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 Part 1 of Schedule 7A of the Act would be disclosed, namely information relating to the financial or business affairs of any particular person (other than the Comhairle).

Grounds Maintenance Contracts Post 31 March 2004

PR90.15.08

19

The Director of Technical Services submitted a Report seeking approval of the procurement process for grounds maintenance (outwith cemeteries) post March 2004.

It was agreed to recommend that:

(1) competitive tenders for Grounds Maintenance (outwith cemeteries) should be sought for the period from 1 April 2004 on the basis of a single contract for the whole of the Western Isles;

(2) the duration of the contract should be three years with the Comhairle reserving the option to extend by up to two annual extensions;

(3) the procurement timetable should be as detailed in the Report;

(4) the tender list for this contract be drawn up on the basis of public advertisement and responses from appropriately experienced contractors;

(5) tender evaluation be carried out on the basis of a price and quality evaluation, with consideration given to the availability of training;

(6) the engagement of Ken MacNeill of Libre Consulting agreed by the Comhairle in June 2002 to assist in developing and evaluating this tendering process and subsequent tenders received, in consultation with the Director of Finance and the Director of Corporate Services, be confirmed; and

(7) specification and contract terms issues associated with this contract be developed in consultation with the Chairman and Vice Chairman of the Committee.

Standing Approved Lists of Contractors

PR90.15.02

20

The Director of Technical Services submitted a Report seeking approval of the final details of a major review of the Comhairle's Standing Approved Lists of Contractors. An earlier Report to Committee had identified health and safety issues as a major concern.

It was agreed to recommend that:

(1) the scope and format for the Standing Approved Lists of Contractors be as detailed in the Report;

(2) the arrangements for administering the Standing Approved Lists of Contactors be as detailed in the Report; and

(3) consultation on the introduction of formal third party health and safety accreditation take place locally on the basis outlined in the Report.

   

It was agreed that, under the terms of Section 50A(4) 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 Part 1 of Schedule 7A of the Act would be disclosed, namely information relating to the financial or business affairs of any particular person (other than the Comhairle).

Application for Inclusion in Standing Lists of Approved Contractors

PR90.15.02

21

The Director of Technical Services submitted a Report presenting a number of applications for inclusion in the various Standing Lists Of Approved Contractors.

It was agreed to recommend that the Contractors detailed in Appendix 1 to the Report be included in the various lists as shown in the said Appendix.

   

POLICY

Public Entertainment Licensing: Variation of Conditions

PR11.04

22

The Director of Corporate Services submitted a Report asking Members to consider an amendment to the standard conditions attached to Public Entertainment Licences in respect of premises and events in Lewis, Harris and North Uist. It was stated that the Comhairle is the licensing authority for the administration of Public Entertainment Licences in terms of sections 2 and 41 of the Civic Government (Scotland) Act 1982. The Comhairle currently has a standard condition on all Public Entertainment Licences issued in respect of Lewis, Harris and North Uist preventing the operation of places of public entertainment on a Sunday. No such condition is applied in Benbecula, South Uist or Barra.

It was stated that whilst it was recommended that the `blanket policy' be repealed, the Comhairle continue to assess applications on their individual merits and details of all applications continue to be displayed in the relevant premises for a period of 21 days, thus providing an opportunity for objectors to any application to make representations regarding their objections to the Comhairle.

Mr Murdo Macleod, seconded by Mr Malcolm J Graham, moved that the Policy and Resources Committee re-convene in order to allow consultation within the community to take place and for further information to be sought; and that Policy and Resources Committee be delegated powers to allow it to determine this matter, in terms of Paragraph 14 of the Scheme of Administration.

Mr Norman L Macdonald, seconded by Mr Norman A Macdonald, moved as an amendment that the Council repeal the policy that premises licensed in terms of the Civic Government (Scotland) Act 1982 in Lewis, Harris and North Uist `shall not be opened on Sundays'.

On the matter being put to the vote, the motion received 2 votes, the amendment 6 votes.

The Chairman declared that the amendment had been carried.

Local Government in Scotland Act 2003: Guidance Note Consultation

23

The Director of Corporate Services submitted a Report advising Members of the Scottish Executive Guidance Note Consultation and seeking Comhairle approval of a response thereto. It was stated that the Scottish Executive has issued guidance on two aspects of the Act: the duty of secure best value and the power to advance well being. A copy of the draft response was appended to the Report.

It was agreed to recommend, for submission to the Scottish Executive, the draft letter appended to the Report.

Consultation Paper: A Model Regional Policy for the United Kingdom

24

The Director for Sustainable Communities submitted a Report seeking a response from the Comhairle to the DTI Consultation Paper: A Modern Regional Policy for the United Kingdom. It was stated that the consultation was an opportunity for the Comhairle to contribute to the debate to ensure that the views of the Western Isles are effectively represented, and to ensure that the region has some input in shaping future regional policy and priorities.

It was agreed to recommend that:

(1) section 7 - 11 of the Report form the basis of a reply to the DTI on their Consultation Paper: A Modern Regional Policy for the United Kingdom;

(2) the Chief Executive be authorised, in consultation with the Convener and Vice Convener, to contribute to partnership responses to the Consultation Paper, on a Western Isles, Highlands and Islands and Scottish basis; and

(3) the European Structural Funds Member/Officer Working Group be reconvened with the following Members:

    Convener

    Vice Convener

    Chairman of Sustainable Development Committee

    Chairman of Transportation Committee

    Vice Chairman of Policy and Resources Committee

Iomairt aig an Oir: The Next Phase

25

The Director for Sustainable Communities submitted a Report updating Members on the selection of new Iomairt Aig on Oir areas. It was stated that a new Strategy Statement 2001-2003 has redefined the Iomairt and introduced new operational mechanisms.

It was agreed to recommend that the Report be noted.

Community Funding Initiative

26

The Director of Corporate Services submitted a Report concerning possible funding options to address issues of local need.

It was agreed to:

(1) note that a further Report will be brought to the next series of meetings, and

(2) recommend that, in principle, all proposed uses of any fund are agreed with the Comhairle's Monitoring Officer for legality and the Director of Finance for financial probity.

.

 

It was agreed that, under the terms of Section 50A(4) 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 Part 1 of Schedule 7A of the Act would be disclosed, namely information relating to the amount of any expenditure proposed to be incurred by the Comhairle under any particular contract for the acquisition of property or the supply of goods or services.

Media - Future Advertising Options

27

The Director of Corporate Services submitted a Report seeking Members' views on the matter of print media advertising.

It was agreed to recommend that:

(1) for a trial period of three months, the Comhairle would place recruitment and public notice advertising in The Hebridean Newspaper;

(2) the situation would be monitored and that at the end to the period the matter would be reviewed;

(3) a further report would be brought to the Committee; and

(4) the recommendation would be implemented within the existing advertising budgets.

   

ADDITIONAL ITEMS

   

The Chairman ruled in terms of Standing Order 8 that the following item be considered as a matter of urgency to allow Members to consider the recommendations made by the Human Resources Sub-Committee.

Minute of Meeting of Human Resources Sub Committee of 11 June 2003.

28

The Minute of Meeting of the Human Resources Sub Committee was noted, and it was agreed:

(1) to approve the recommendations relating to the items: 2, 5, 6, and 7;

(2) that a proposal to establish an Information Technology Sub Committee be the subject of a report to the next meeting of the Committee.

   

The Chairman ruled in terms of Standing Order 8 that the following item be considered as a matter of urgency due to the number of alternative energy developments currently under consideration.

Alternative and Renewable Energy Developments: Community Benefit - Establishment of Member/Officer Working Group

PR30.01

29

The Director for Sustainable Communities submitted a Report seeking the establishment of a Member/Officer Working Group to consider matters relating to obtaining community benefit from the location of alternative and renewable energy developments in the Western Isles. It was anticipated that the Member/Officer Working Group would make recommendations on the way forward to the September series of meetings.

It was agreed:

(1) to establish an Alternative and Renewable Energy Member/Officer Working Group;

(2) to approve the purpose of the Member/Officer Working Group as set out in Paragraph 2.3 in the Report;

   

(3) to appoint the following Members to the Member/Officer Working Group:

    Mr Alex A Macdonald

    Mr Angus Campbell

    Mr Archie Campbell

    Mr Norman A Macdonald

    Mr Angus Graham

(4) to note that the Chief Executive will appoint appropriate officers to the Member/Officer Working Group; and

(5) that the Chief Executive in consultation with the Director of Corporate Services and the Director for Sustainable Communities, be authorised to appoint expert advisers to the Member/Officer Working Group.

   

The Chairman ruled in terms of Standing Order 8 that the following item be considered as a matter of urgency to ensure that Members were aware of all of the available information.

   

It was agreed that, under the terms of Section 50A(4) of the Local Government (Scotland) Act 1973, the public, including the press, be excluded from the meeting during consideration of the following items 29 and 30 on the grounds that exempt information as defined in Part 1 of Schedule 7A of the Act would be disclosed, namely information relating to the financial or business affairs of any particular person (other than the Comhairle).

Knockiandue Old School

PR32.11

29

The Director of Corporate Services submitted a Report providing supplementary information to Members in relation to the offers received for Knockiandue Old School. This matter had been considered by the Education and Children's Services Committee at its meeting on 3 June 2003.

It was agreed to recommend that offer B for Knockiandue Old School, Isle of Lewis be accepted, subject to such terms and conditions as the Director of Corporate Services, in consultation with the Director of Education, shall determine to ensure that the property will be developed as detailed in the offer to be accepted and subject to the consent of the Scottish Ministers being obtained.

   

The Chairman ruled in terms of Standing Order 8 that the following item be considered as a matter of urgency as a decision was required before the next meeting of the Committee.

Sale of Auction Mart, Steinish

30

The Director for Sustainable Communities submitted a Report relating to a proposal received from Long Island Crofters Trust Ltd. to purchase the Auction Mart, Steinish.

It was agreed to recommend that the Comhairle agrees that any capital receipt be allocated to the Sustainable Development provision in the Capital Programme for Abattoirs 2003/04.

   

The Chairman ruled in terms of Standing Order 8 that the following item be considered as a matter of urgency as a decision was required before the next meeting of the committee.

   

It was agreed that, under the terms of Section 50A (4) of the Local Government (Scotland) Act 1973, the public, including the press, be excluded from the meeting during consideration of item 31 below on the grounds that exempt information as defined in Paragraph 1 of Part 1 of Schedule 7A of the Act would be disclosed, namely, information relating to a particular employee, former employee, or applicant to become an employee of, or a particular office-holder, or former office-holder, or applicant to become an office-holder under the Comhairle.

Consultation of Proposed Changes in the Chief Executive's Office

31

The Chief Executive submitted a Report relating to proposals to commence consultation and obtain outline approval for structural changes in the Executive Office.

It was agreed to recommend that:

(1) the proposals be approved as a basis for consultation and note that formal consultation with Trade Unions and staff had commenced and that consultation responses had been invited no later than 25 June 2003;

(2) in the event that Members agree to amend the proposals, the consultation period be extended accordingly; and

(3) due to the urgency of this matter, it be delegated to the Human Resources Sub Committee to consider the consultation responses and agree a new structure.

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