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PRESENT

 

Mr Angus Campbell (Chairman)

Mr Norman A Macdonald (Vice-Chairman) Mr Norman M Macleod

Mr Alexander A Macdonald Mrs Morag Munro

Mr Malcolm J Graham Mr Archie K Campbell

Mr Angus Nicolson Mr Donald Maclean

Mr Murdo Macleod Mr Donald Manford

Mr Norman L Macdonald

       
   

MINUTES

Minute of Meeting of:

(a) 12 June 2003

(b) 29 July 2003

1

The Minute of Meeting of 12 June 2003 was approved.

The Minute of Meeting of 29 July 2003 was approved, subject to the following amendments:

(1) The deletion of the last paragraph on the first page and the substitution therefor of `It was agreed that the Committee should not exercise its delegation, but refer the matter to full Comhairle.'

(2) The amendment to the recommendation referred to in the second paragraph of the second page be deleted and `The Comhairle note the terms of the Opinion from Senior Counsel that it is lawful for the Comhairle to continue imposing standard conditions on Public Entertainment Licences restricting activity on Sunday; providing this is justified on the basis of amenity and providing it does not fetter the discretion of the Comhairle to consider each application on its merits and that the Comhairle consider all applications on their own merits in accordance with Counsel's opinion'. be substituted therefor.

(3) In the fifth paragraph of the second page ` Mr Murdo Macleod' be deleted and `Mr Norman M Macleod' be substituted therefore.

Minute of Meeting of Human Resources Sub Committee of:

(a) 8 July 2003

(b) 28 August 2003

2

The Minute of Meeting of 8 July was noted, and the recommendations at items 2 and 7 were approved.

The Minute of Meeting of 28 August 2003 was noted.

   

FINANCE

Quarter 1 Revenue Forecast Outturn 2003/04

3

The Director of Finance submitted a Report informing Members about the Comhairle's forecast revenue outturn for 2003/2004 at the end of the first quarter.

It was agreed to recommend approval of the recommendations detailed in the Report concerning Quarter 1 Revenue Forecast Outturn 2003/04 insofar as the Committee's interest was concerned.

Non-Housing Capital Monitoring 1 April 2003 - 30 June 2003

4

The Director of Finance submitted a Report informing Members of progress and seeking decisions on changes in the Capital Programme for 2003/04 as at 30 June 2003.

It was agreed to approve the Forecast Out-turn as the Revised Approved Programme and specifically

a) The inclusion of 10% of consent, being the permitted upper tolerance, in the calculation of available resources

b) The transfer of £500k for the Spinal Route (North) and £600k for the Spinal Route (South) from the Conditional Programme to the main Programme subject to sufficient additional money being made available by the Scottish Executive and/or HISTP.

c) The removal of £50k for the proposed development of the Old Primary School in Castlebay, £60k for the Ness Heritage centre and £320k for the Daliburgh Swimming Pool from the Conditional Programme in 2003/04, in view of the fact that matching funding will not be received within the necessary time period.

   

d) The addition of £200k to the budget for Grants to the Voluntary Sector and £120k for work at Pointers, to be met from the £320k in the Conditional Programme for the Daliburgh Swimming Pool;

e) The acceleration of £102k of expenditure on the work currently being carried out at Sir E Scott School in line with current cash flow projections;

f) The slippage of £1,726k of work on the South Uist Care development and the inclusion in the capital programme of £500k towards this project from the Western Isles NHS Board, to be paid £200k in 2003/04, £200k in 2004/05 and £100k in 2005/06;

   

g) The deletion of £250k for Public Transport Infrastructure Projects as this is being administered by Argyll and Bute Council on behalf of the Comhairle;

h) The inclusion of £750k expenditure in the Transportation Capital Programme for Leverburgh Overnight Berthing and the inclusion of the matching resources: £410k from the Scottish Executive, £225k from HISTP and £115k from WIE;

i) The overspend of £16k on the Berneray Causeway to be met from within the Transportation Capital Programme;

j) The inclusion of £95k in the Policy & Resources Capital Programme for a Payroll/Personnel system to be met from CFCR;

k) Slippage of £1,334k of expenditure and £620k of income for the Stornoway Sports Centre to 2004/05 to reflect the more accurate cash flow now available for the project;

   

l) The inclusion of £75k of expenditure for fuel at Fishery Piers in the Sustainable Development Capital Programme. This be funded by transferring £42k from the Fishery Piers Minor Improvement Programme and £33k from Transportation CFCR; and

m) The overspend of £10k on the Stornoway Abattoir to be met from within the Sustainable Development Capital Programme. The allocation of £120k of the £240k for Business Development Parks held in the Conditional Programme to the Mossend refurbishment and £120k to the Castlebay Business Unit.

General Fund Capital Programme 2004 - 2008

5

The Director of Finance submitted a Report advising Members of the options available to them in setting a capital programme for 2004/08 and seeking agreement on the process by which the programme could be finalised.

It was agreed to recommend that:

a) The Policy Framework given in paragraph 7.2 of the Report be accepted;

b) The criteria and weighting given in paragraph 8.1 of the Report be accepted for the Members' scoring exercise;

c) The new abbreviated PER (Project Evaluation Report) form given in appendix A be accepted as the method to ensure, as far as possible, fair inter project evaluation;

d) The timetable for the decision-making process given in paragraph 9.2 be approved;

e) The current HISTP fund continue to be available for non HISTP projects to obtain matching funding from this source where the Comhairle is successful in securing grant aid or additional consent from other sources and the fund continue to be known as the Matching Fund;

f) Decisions to add to the Capital Programme 2008/12 be deferred, as far as possible until the next Comhairle is elected;

g) The allocation of resources for the renovation programmes be referred to the Finance Working Group;

h) Capital project budget managers be required to provide the Director of Finance with working papers which support their forecast outturn expenditure for the June September and December Capital Monitoring Reports.

Additional Projects for 2003/04 Capital Programme

PR110.01

6

The Director of Finance submitted a Report informing Members of the additional projects identified by the Finance Working Group for inclusion in the 2003/04 Capital Programme, should resources permit. It was stated that the Comhairle is in the final year of funding Capital Expenditure by Section 94 Consent as the Prudential System for Capital Accounting comes into effect on 1 April 2004. To ensure that consent is not lost and that no Grant Aided Expenditure is eroded for loan charge support, it is proposed that the Capital Programme be increased to a projected 10% overspend.

It was agreed to recommend:

a) approval of the list of additional projects identified in Appendix A with a latest decision date of August 2003 for inclusion in the 2003/04 Capital Programme; including the recommendation at item 40 and that officers monitor the revised Capital Programme on a monthly basis and report regularly to the Finance Working Group.

b) that a Report is submitted to a future meeting of the Finance Working Group reassessing the Education Department's further priorities.

c) that funding be sought for the Feasibility Study in relation to residential care in Carloway in the first instance from the Better Neighbourhood Fund, failing which £20k be transferred from the Conditional Capital Programme to the main programme to allow the study to go ahead; and

d) that the replacement of minibuses be referred to the Minibus Working Group for consideration.

Allocation of Resources 2003-06

PR110.01

7

The Director of Finance submitted a Report advising Members of the out come of various matters considered by the Finance Working Party, indicating that a number of items required further consideration before a recommendation could be made to the Committee.

It was agreed to recommend :

a) the budget changes and recommendations listed in Appendix A to the Report be agreed;

b) to allocate £310K to a Ward Priority Fund to be applied as detailed in the concurrent Report;

c) to establish a Working Group to consider and report back on the projected Social Work overspend and to appoint the Vice Convener, the Chair of Social Work, Mr Angus Nicolson and Mr Norman L Macdonald to the Group;

d) agree that the Finance Working Party remain established to enable it to consider the outstanding issues identified in Appendix A to the Report, together with the Budget setting process for 2004/05; and

e) provision for the Bus Loss/Contract in Appendix A to the Report be moved from the Recommended Changes to Items for Further Consideration and that the contract specifications for the Bus Contracts be considered by the Finance Working Group prior to tenders being sought.

Prudential Indicators

PR110.00

8

The Director of Finance submitted a Report advising Members of the new system of capital finance and considering its implications for the Comhairle. It was stated that with effect from 1 April 2004 the capital spending power of Scottish Local Authorities will be determined by way of an agreed Prudential Code drafted by CiPFA in consultation with government departments, Councils and Agencies. The Report suggested that there may be scope for a modest increase in capital expenditure financed from borrowing.

It was agreed that:

(1) all potential capital projects should have a Project Evaluation Report compiled by the relevant Head of Service, and certified by the Director of Finance as having been subject to independent check before inclusion in the capital programme;

(2) the Director of Finance prepares, by way of example, a set of indicators, based on the 2003/04 budget, for the Information Bulletin;

(3) Project Evaluation Reports must consider the worst case scenario for net total capital and revenue costs, together with the risks that could result in project slippage, detailing the probability of such risks occurring;

(4) as agreed at item 5(h) above all forecasts of capital expenditure out-turn at the end of June, September, and December 2003 to be fully supported by working papers which must be submitted to the Director of Finance by the end of September, October and January respectively. The Director of Finance will advise Members on any qualifications required on the forecasts after consultation with the relevant Chief Officer; and

(5) the Finance Working Party consider how projects on the Conditional Capital Programme might be withdrawn in future if it is evident that sufficient matching funding is not forthcoming.

Housing Revenue Account Capital Programme 2003/04: Progress Report

9

The Director of Housing submitted a Report updating Members on expenditure in respect of the Housing Revenue Account Capital Programme 2003/04 and advising on progress on individual projects. It was stated that the capital programme for 2003/04 is based on year 1 of the current 3 year Housing Financial Plan approved by Housing Committee on 19 November 2002.

It was agreed to recommend that:

(1) the Housing Capital Programme 2003/2004 be revised as detailed at Appendix 1 of the Report to take account of project variations; and

(2) the expenditure profile shown at Appendix 2 of the Report be noted.

   

Mr Angus Campbell and Mr Norman L Macdonald declared an interest and left the meeting during consideration of the following item. In the absence of the Chairman, the meeting was chaired by the Vice-Chairman.

Suppliers' Payment Terms - Proposed Policy

10

The Director of Finance submitted a Report seeking approval to implement a payment terms policy for the Comhairle's suppliers.

It was agreed to recommend that the Comhairle adopt a policy of aiming to pay all suppliers' invoices within 30 days of receipt, and local suppliers invoices within 14 days of receipt, while taking advantage of these terms to improve cash flow.

Opening Hours and Revenue Requirements of New Sports Centre, Stornoway

11

The Director for Sustainable Communities submitted a Report relating to the expenditure required to operate the new Sports Centre, Stornoway. Funding had been identified in Appendix A to item 7 above, under the Items for Further Consideration.

It was agreed to recommend that the new facility be open to the public from 8 am - 10 p.m. during Monday to Friday and from 9 am - 8 p.m. on a Saturday subject to the allocation of the funding identified at Item 7 above being approved by the Comhairle.

Fisheries Loan Scheme Review

12

The Director for Sustainable Communities submitted a Report informing Members of the outcome of a review of the Fisheries Loan Scheme. It was stated that the review had highlighted the need for a continuation of the scheme and for continued public sector support to meet a sustained level of demand.

It was agreed to recommend that the Comhairle:

a) note the conclusions and recommendations of the Fisheries Loan Scheme review;

b) enter into discussion with the Royal Bank of Scotland to seek a reduction in the current level of global guarantee;

c) seek formal views on the Fisheries Loan Scheme review from key external partners and stakeholders, including the Local Economic Forum;

d) agree in principle with the continuation of the scheme subject to a suitable funding package being agreed by the Comhairle; and

e) note that a further Report on b), c) and d) above would be brought before a future meeting of the Sustainable Development and Policy and Resources Committees as appropriate.

Highlands and Islands Special Transitional Programme (HISTP) - Applications on Behalf of Outside Bodies

13

The Chief Executive and the Director of Corporate Services submitted a Report relating to the practice whereby the Comhairle makes applications to HISTP acting as `project sponsor' on behalf of outside bodies. It was stated that when the Comhairle acts as applicant for a project an application fee of 1.75% of the project cost is payable. The Committee were asked to consider whether the Comhairle should meet this cost.

It was agreed to recommend that:

a) it be delegated to the Director of Corporate Services in consultation with the Chief Executive and the Director of Finance to enter into a formal agreement with any outside body where the Comhairle is acting as project sponsor; and

b) applications for funding for application fees and other support should be considered on an individual basis.

Roads to Communities

14

The Director of Technical Services submitted a Report relating to the Roads to Communities Scheme, seeking inclusion of the scheme on the List of Conditional Projects.

It was agreed to recommend inclusion of the A858 north of Breasclete and north of Tolsta Chaolais junction improvement in the 2003/04 Capital Programme List of Conditional Projects with £50k being allocated for 2003/04 and £385k for 2004/05 and that application be made to the Highlands and Islands Special Transitional Programme September Round for £145K.

Ward Priorities

15

The Director of Finance and the Director of Corporate Services submitted a Report relating to a Ward Priority Fund. It was stated that since 1998 the Comhairle had experimented with ways to address the need for locally controlled budgets to meet widely varying community needs. It was important that any scheme enabled members to address local needs whilst remaining within the framework of developing law and guidance on audit and standards.

The proposal was for the current financial year only. It was stated that Ward Priority Funding in future years would be dependant on how much money the Comhairle retains in contingency and balances at the end of the preceding financial year.

It was stated at the meeting that whilst the Ward Initiative Fund had over the years enabled many worthwhile projects to be undertaken and represented good value for money, any increase, which would be taken from revenue funding, would result in cuts elsewhere.

The Chairman adjourned the meeting at 11.15 am in order to consider the competence of any motion for additional funding which failed to identify the source of such funding.

When the meeting reconvened at 11.25 am the Members listed in the sederunt were found to be present.

   

The Chairman ruled that in terms of Standing Order 37 any motion failing to identify the source of funding for an increase in the Ward Priority Fund would be incompetent. He further ruled that any motion to obtain funding from uncommitted balances could not be considered at the meeting as in accordance with Standing Order 37 any proposal relating to the use of annual contingency or balances could only be considered if supported by a Report prepared by the appropriate Director following consultation with the Chief Executive and the Director of Finance, and could therefore only be considered at the next meeting of Policy and Resources Committee.

The Chairman was asked when the level of contingency had been fixed for the current year (2003/2004) and for details of the level of that contingency.

The Chairman adjourned the meeting at 11.30 am to allow Officers to obtain the information requested.

When the meeting reconvened at 11.35 am the Members listed in the sederunt were found to be present.

   

On the meeting reconvening the Chairman asked the Director of Finance to reply to the question. The Director of Finance stated that the level of contingency was approved at the meeting of Policy and Finance Committee on 12 February 2003, when the Budget Strategy and Level of Council Tax were approved, and the level of the general contingency fund was contained in Section 4 of the Budget Folder.

It was agreed to recommend that:

a) £310K be made available for the Ward Priorities Fund (WPF) in 2003/04 revenue budget;

b) an interim Report be bought to the October meeting of Policy and Resources Committee indicating whether additional funds may be available for the WPF following completion of the half year review;

c) a further Report be brought to the December series of meetings following the completion of the half-year review;

d) the WPF be administered by the Director of Finance in conjunction with the local Member and relevant Heads of Service and in accordance with the Comhairle's Financial and Contract Regulations;

e) all proposed uses be checked by the Comhairle's Monitoring Officer for legality;

f) the appropriate Head of Service verify the practicality and accuracy of costs of each proposed use of WPF;

   

g) the Director of Finance devise a scheme which would recover the maximum amount of VAT for uses of the WPF.

h) consideration be given to continuing Ward Priorities Fund in 2004/05 by the Finance Working Party;

i) the Director of Finance certify the expenditure in line with Financial Regulations 75-79 inclusive; and

j) Members consult relevant Community Councils and other relevant community groups in relation to the disbursement of funds and exhibit evidence to that effect.

   

POLICY

Corporate Strategy

16

The Chief Executive submitted a Report advising Members on progress with the Corporate Strategy.

It was agreed to recommend that:

(1) the Director of Corporate Services arrange suitable dates for seminars to be held for Education and Children's Services, Housing, Policy and Resources; Arts and Leisure; Social Work, Environmental Services, Audit and Scrutiny Committees and the Commercial Operations Board;

(2) Committees other that the Education and Children's Services Committee use the 30 September - 2 October meetings to determine priorities, aims, key tasks and targets for their Services; and

(3) the draft Corporate Strategy be presented to the Comhairle for approval at its meeting on 4 December 2003.

Proposed Establishment of an Information and Communications Technology (ICT) Sub Committee

17

The Director of Corporate Services submitted a Report relating to a proposal to establish an ICT Sub Committee, and detailing options for the Comhairle considering ICT matters.

It was agreed to recommend that in order to encourage debate of ICT matters future Policy and Resources Committee Agendas would contain a specific section on ICT matters.

Draft Civil Contingencies Bill

18

The Director of Corporate Services submitted a Report seeking Members' views on the draft Civil Contingencies Bill which was recently published and circulated to interested parties for consultation. It was stated that only Part Two of the Bill, which allows for the repeal of the Emergency Powers Act 1920 applies to Scotland. A copy of the consultation document was appended to the Report. Furthermore the draft Bill appeared to be concerned with urban areas and London, and it was important that prominence be given to island areas, specifically the special circumstances of the Western Isles.

It was agreed to recommend that the Director of Corporate Services would prepare a draft response and circulate this to all Members for comment before replying to the Scottish Executive and the Cabinet Office by 11 September 2003.

Draft Access and Equalities Policy

19

The Director of Corporate Services submitted a Report seeking approval to consult with external stakeholders on the draft Access and Equalities Policy recently approved by Human Resources Sub-Committee. A copy of the draft Policy was appended to the Report. It was stated that the Comhairle's current policy, which related only to Employment was in need of up-dating to take account of changes in legislation.

It was agreed to recommend that:

(1) the Policy attached to the Report entitled `Equality of Treatment and Access Policy' be approved for consultation with external stakeholders;

(2) once consultation is complete, the amended draft Policy be returned to Policy and Resources Committee for final approval; and

(3) any minor textual amendments be delegated to the Director of Corporate Services.

Draft Local Governance (Scotland) Bill

20

The Director of Corporate Services submitted a Report advising Members of the contents of the draft Local Governance (Scotland) Bill. A copy of the consultation draft was appended to the Report, and details of the current Comhairle position in relation to the Bill were contained in the Report. It was stated that the Bill proposes to introduce a system of proportional representation for local government elections in Scotland by means of a single transferable vote. It also contains clauses relating to remuneration for local government councillors and other miscellaneous matters.

It was agreed to recommend that:

(1) a Seminar be held for Members on 29 September 2003 in order to formulate a response to the draft Local Governance (Scotland) Bill. The seminar should include examples of the arrangements for a by election, the procedures to be followed if one Member stands down, and details of how the second preference vote is allocated; and

(2) that the Director of Corporate Services be authorised to respond to the consultation to reflect the views of Members expressed at the Seminar.

Islands Committee

21

The Chief Executive submitted a Report relating to a suggestion that the Scottish Parliament should set up an Islands Committee. Consultation had taken place with the Chief Executives and Conveners of the other island authorities, and with the Depute First Minister, and there did not appear to be a consensus on the way forward or impetus for the matter to be raised urgently. It was stated that the Scottish Parliament had recently reviewed and reduced the number of its committees. However, the Scotland Act does contain a requirement for draft legislation to include in the Explanatory Memorandum details of the implications of the draft bill for island areas.

It was stated that it was necessary to ascertain whether there is sufficient support from other island areas to establish a forum to give an emphasis to the problems faced by Island Areas.

It was agreed that indications of support would be sought from the other relevant authorities as a matter of urgency and that this issue would be discussed at the Seminar to be held in relation to 20 above, on 29 September 2003.

   

It was agreed that, under the terms of Section 50(A) 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), and 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.

Local Housing Strategy Seminar and Appointment of Specialist Advisor

22

The Director of Housing submitted a Report advising Members of a consultative Local Housing Strategy Seminar, and seeking the appointment of specialist advisors required in the production of a Local Housing Strategy

It was agreed to recommend that:

(1) it be delegated to the Director of Corporate Services in consultation with the Director of Housing to engage Glasgow University to carry out an analysis of the local housing system as required by Communities Scotland Guidance, on Local Housing Strategies on the basis detailed in the report;

(2) the work be not tendered for in terms of paragraph 7(f) of the Comhairle's Contract Regulations on the grounds of the specialist nature of the work and the achievement of Best Value for the reasons outlined at paragraphs 4.1 - 4.5 of the Report; and

(3) the actions taken by the Director of Housing in connection with the organisation of the Local Housing Market Strategy Seminar at the Lews Castle College on 18 and 19 September be homologated and that the Director of Housing and Director of Corporate Services be authorised to make any further arrangements associated with the seminar.

Western Isles Credit Union Project

23

The Director for Sustainable Communities submitted a Report relating to the progress made in establishing a Credit Union in the Western Isles. It was stated that the establishment of a Credit Union for the Western Isles is strongly supported by the Comhairle and by other partner agencies and bodies.

It was agreed to recommend that:

(1) the Comhairle note the current position of the Credit Union project, and

(2) the Comhairle agree that it be delegated to the Director for Sustainable Communities to identify a suitable funding package in order to expedite progress on the establishment of a Credit Union for the Western Isles; and

(3) a meeting be sought with Highland and Islands Enterprise to discuss funding for the project.

Consumer Direct

24

The Director for Sustainable Communities submitted a Report on a potential bid by Western Isles Community Planning Partnership to set up the new consumer helpline, Consumer Direct, in the Western Isles.

It was agreed to recommend that the Comhairle note the current progress on the potential for locating Consumer Direct contact centre in the Western Isles.

   

It was agreed that, under the terms of Section 50(A) 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).

   

Mr Alex A MacDonald declared an interest in the following item and left the meeting during consideration of the matter.

Old Sail Loft, Stornoway

PR110.08

25

The Director for Sustainable Communities submitted a Report relating to a proposal from Highland Buildings Preservation Trust to renovate the Old Sail Loft and Commercial Hotel, at North Beach Street Stornoway to create 7 new quality dwelling units in category `A' listed buildings.

It was agreed to recommend that the Comhairle considers financial support for its project in the sum of £50,000 as approved at item 6, subject to all conditions and legal requirements of the individual grant schemes being met by the Highland Buildings Preservation Trust to the satisfaction of the Director of Sustainable Communities.

Programme and Progress

PR110.08

26

The Director of Technical Services submitted a Report advising Members of progress on the replacement of the boiler in the Council Offices, Stornoway.

It was agreed to note the Report.

Panel of Safeguarders: Re-appointment

27

The Director of Corporate Services submitted a Report seeking appointments to the Panel of Safeguarders in the Western Isles, and proposing changes to the Scheme of Delegation to allow re-appointments to be made by the Director of Corporate Services in future.

It was agreed to recommend that:

(a) the actions of the Director of Corporate Services in extending the term of office of the current Members of the Panel of Safeguarders be homologated;

(b) Members of the Panel of Safeguarders be re-appointed for a further term of office to 30 June 2006, and

(c) the Scheme of Delegation be amended to grant delegated authority to the Director of Corporate Services to make re-appointments to the Panel of Safeguarders.

Panel of Safeguarders: Proposed New Fees

28

The Director of Corporate Services submitted a Report seeking approval to amend the fees payable to Safeguarders appointed by Children's hearings and Sheriff Courts. The Committee also had before them a letter from Mrs Alyson Keiller, Chair of the Panel of Safeguarders for the Western Isles. It was stated that CoSLA had recently issued a scheme of fees for Safeguarders to commence in April 2003, and that these revised fees had been adopted by most other Local Authorities.

It was agreed to recommend that:

(1) the Comhairle approve the fees payable to Safeguarders as detailed in Appendix 1 of the Report; and

(2) where applicable, fees be backdated to April 2003.

Exception to Tendering Arrangements

PR31.07

29

The Director of Corporate Services and the Director for Technical Services submitted a Report seeking approval not to seek tenders in terms of the Comhairle's Contract Regulations for works to be done at the proposed Marybank Occupational Therapy Store. It was proposed, for the reasons outlined in the Report, to have the works carried out by the Comhairle's Building Maintenance DSO under the Term Maintenance Contract.

It was agreed to recommend that in terms of Contract Regulation 7 (f), tender be not sought in respect of the works for the Occupational Therapy Store, for the reasons outlined in the Report, and that the works be carried out by the Comhairle's Building Maintenance DSO under the Term Maintenance Contract.

   

It was agreed that, under the terms of Section 50(A) 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).

Permission to Appoint Consultants - Commercial Operations Board

PR31.08

30

The Director of Corporate Services submitted a Report relating to the use of consultant advice for the internal Bus Tendering bid if approved by the Commercial Operations Board.

It was agreed to recommend the use of consultant advice as specified in the Report to assist the Comhairle's Bus Operation in its tendering bid.

   

It was agreed that, under the terms of Section 50(A) 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), and information relating to any terms proposed or to be proposed by or to the Comhairle in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

Appointment of Consultants for Contaminated Land

PR31.08

31

The Director for Sustainable Communities submitted a Report relating to the appointment of consultations in contaminated land to undertake an investigation into a site in Castlebay, and seeking an amendment to the scheme of delegation to permit the Director for Sustainable Communities to appoint consultants to undertake contaminated land investigations where the cost is less than £10,000.

It was agreed to recommend that:

(1) an intrusive site investigation be carried out by Remedios Ltd into the site at Castlebay, Isle of Barra as shown in drawing 22 (14a 75) 15 Rev a; and

(2) the scheme of delegation be amended to grant delegated authority to the Director for Sustainable Communities, in consultation with the Chairman of Environmental Services Committee, to engage consultants to undertake investigations under Part 11A of the Environmental Protection Act 1990, where the estimated cost is less that £10k and the Director of Corporate Services be authorised to make any necessary consequential amendments to the Comhairle's Constitutional Documents.

   

It was agreed that, under the terms of Section 50(A) 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).

Tenders for Provision of Fitness Equipment

PR31.07

32

The Director for Sustainable Communities submitted a Report seeking authority in terms of Contract Regulation 8(c) to advertise tenders and allow tenders to be invited on a selective basis for the provision of new Fitness Equipment for the new Sports Hall.

It was agreed to recommend in terms of Contract Regulation 8(c) that invitations to tender be issued to the following tenderers for the reasons outlined in paragraph 4.1 of the Report:

a) Lifefitness

b) Precor Fitness

c) Techno Gym

Grounds Maintenance Contract 2004 - 2007

PR31.07

33

The Director of Technical Services submitted a Report relating to the responses received in respect of public advertisements for expressions of intent from prospective tenderers for the Grounds Maintenance Contract 2004-2007.

It was agreed to note the Report.

Grounds Maintenance Contract 2004 - 2007

PR31.07

34

The Director of Technical Services submitted a supplementary Report containing further details of the contractors who had submitted prequalification questionnaires and expressed interest in tendering for the Grounds Maintenance Contract 2004 - 2007.

It was agreed to recommend that the following firms be invited to submit tenders for this contract:

Continental Landscapes Ltd.;

Mitchell and Struthers (Contracts) Ltd;

Scottish Woodlands; and

Sodexho Land Technology.

   

It was agreed that, under the terms of Section 50(A) 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 - Revenue Bid

PR110.08

35

The Director for Sustainable Communities submitted a Report relating to a revenue funding bid from An Lanntair and seeking approval of a draft service level agreement with An Lanntair for 2004-05. The operating costs for the final proposal indicated a requirement for additional revenue support from the expected completion date of the new facility of February 2005.

It was agreed to recommend that:

(1) consideration of the request for additional budgetary provision be deferred to allow the Finance Working Group the opportunity to consider the Business Plan submitted by An Lanntair and report back to the Policy and Resources Committee; and

(2) that the draft Service Level Agreement between the Comhairle and An Lanntair for funding year 2004/05 be approved in principle.

HISTP Fisheries Infrastructure Programme

PR110.08

36

The Director for Sustainable Communities submitted a Report relating to matching funding for a joint programme of fisheries infrastructure improvements in the Western Isles funded jointly by the Comhairle, WIE and HISTP.

It was agreed to recommend that:

(1) the Fisheries Infrastructure Programme as outlined in the Report be approved; and

(2) match funding of £115K from the HISTP Contingency Budget 2003 to facilitate grant applications under the FIFG Port Facilities Programme be approved.

Highlands and Islands Special Transitional Programme: September 2003 Round

PR110.08

37

The Director for Sustainable Communities submitted a Report relating to proposed Comhairle bids to the Highlands and Islands Special Transitional Programme (HISTP).

It was agreed to recommend that:

(1) matching funding from the Comhairle HISTP Match Funding Budget be allocated in principle to the proposed bids to the September 2003 HISTP round as detailed in sections 7 and 8 of the Report; and

(2) it be delegated to the Chief Executive, following consultation with the European Structural Funds Member/Officer Working Group, to approve formally Comhairle match funding to actual HISTP bids to the September 2003 round, including any additional HISTP bids to the September 2003 round, subsequent to this report and to consider any requests to act as project sponsor for bids to the September 2003 round.

Cultural Co-ordinators

PR13.05.09

38

The Director for Sustainable Communities submitted a Report relating to financial assistance to the Cultural Co-ordinators in Schools Programme. It was stated that a successful bid had been made to the Scottish Executive for an award of £38,500 towards the costs of funding four part time cultural co-ordinators over a period of two years.

It was agreed to recommend the award of £12,000 to the Cultural Co-ordinators in schools project on the basis of £6,000 in financial year 2003/04 and the remaining £6,000 in financial year 2004/05 from the Gaelic and Culture Budget.

Mod nan Eilean Siar 2005

39

The Chief Executive and the Director for Sustainable Communities submitted a Report relating to the Mod nan Eilean Siar event giving details of the Comhairle's contribution in 2001 and outlining the anticipated costs in terms of direct financial assistance and `in kind' contributions for 2005.

It was agreed to recommend that:

(1) budgetary provision of £150K be allocated to Mod nan Eilean Siar 2005 on the basis of three equal payments of £50k in the financial years 2003/04, 2004/05 and 2005/06; and

(2) the Comhairle note that thereafter £30k per annum would require to be allocated on the basis that the Mod is held in the Western Isles on a five-year rotational cycle.

   

ADDITIONAL ITEMS

   

The Chairman ruled in terms of Standing Order 8(6) that the following information be considered as a matter of urgency as it contained supplementary information to a matter raised at the Arts and Leisure Committee on 26 August 2003.

Stornoway New Sports Centre - Proposed Variation to Squash Courts

40

The Director of Technical Services submitted a Report relating to the provision of a second glass wall or a viewing gallery for the second squash court in the New Sports Centre. It was stated that there was already an overspend on the project, and any additional expenditure may require cutbacks in other areas.

Mr Norman L Macdonald, seconded by Mr Malcolm J Graham moved that £15,000 be found from the Additional Capital Programme to install a glass wall in the second squash court.

Mr Angus Campbell, seconded by Mrs Morag Munro moved as an amendment to the motion that £15,000 be not spent to install a glass wall in the second squash court.

On the matter being put to the vote, the motion received the majority of votes and was declared the finding of the meeting.

   

The Chairman ruled in terms of Standing Order 8(6) that the following information be considered as a matter of urgency to allow Members to consider the recommendations made by the Alternative and Renewable Energy: Community Benefit Member Officer Working Group.

Community Benefit - Outline Declaration: Proposal from WIAREP

41

The Chief Executive submitted a Report relating to a Proposed Community Benefit Outline Declaration from the Western Isles Alternative and Renewable Energy Partnership (WIAREP). The Declaration had previously been considered by the Alternative and Renewable Energy Developments: Community Benefit Member Officer Working Group and a number of amendments recommended by the Working Group were contained in the appendix to the Report.

It was agreed to recommend that the Comhairle:

(1) endorse in principle the WIAREP Community Benefit - Outline Declaration;

(2) suggest to WIAREP that the Community Benefit - Outline Declaration be amended as detailed in Appendix 2 to the Report;

(3) extend the life of the Alternative and Renewable Energy Development: Community Benefit Member/Officer Working Group; and

(4) extend the remit of the Alternative and Renewable Energy Developments: Community Benefit Member Officer Working Group to include all matters relating to Alternative and Renewable Energy Developments.

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