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MINUTES
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Minute of
Meeting of 10 November 2004
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1
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The Minute of
Meeting of 10 November 2004 was approved.
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Minute of
Meeting of Human Resources Sub-Committee of:
(a) 12
November 2004; and
(b) 8
December 2004
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2
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The Minute of Meeting of the Human Resources
Sub-Committee of 12 November 2004 was noted.
The Minute of
Meeting of the Human Resources Sub-Committee of 15 December 2004 was noted
and the recommendations at item 8 of the Minute were approved.
Arising out of consideration of the
Minute, it was agreed to recommend that the Director of Education be
requested to explore the possibility of placing an article in relevant
Teaching Journals regarding the benefits and advantages of teaching in the
Western Isles.
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Minute of
Meeting of Housing Stock Transfer Sub-Committee of 23 November 2004
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3
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The Minute of
Meeting of the Housing Stock Transfer Sub-Committee of 23 November 2004 was approved.
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Minute of
Meeting of Local Government Employee JCC of 10 December 2004
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4
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The Minute of Meeting of the Local
Government Employee JCC of 10 December 2004 was approved with the
exception of Item 5.
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Declaration of Interest
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Mr Archie Campbell, Mr George Lonie, Mr
Murdo Macleod and Mr Neil Campbell declared an interest in Item 17 and left
the meeting during consideration of the matter.
Mr Archie Campbell declared an interest in
item 22 and left the meeting during consideration of the matter.
Mr Norman A Macdonald declared an interest
in item 23 and left the meeting during consideration of the matter.
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Mr Angus Nicolson declared an interest in
item 23 and left the meeting prior to consideration of the matter.
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FINANCE
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Report on
the 2003/04 Audit
PR130.11
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5
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Mr Peter Johnston,
Chief Auditor, Audit Scotland, submitted the Draft Report on the 2003/04
Audit dated 14 December 2004. The Report summarised all significant matters
which had arisen for the year to 31 March 2004. The draft Abstract of
Accounts was also submitted.
It was
agreed to recommend that the draft Report be noted and that, in the event
that any Member raised an issue arising from the draft Report or the draft
Abstract of Accounts or in the event that the final Report or the Final
Abstract differed substantively from the draft Report, the Report and
Abstract would be resubmitted to the meeting of the Committee in February
2005.
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Recommendations
for Write-Offs of Certain Council Tax Debts
PR100.07
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6
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With reference to item 11 of the Minute of
Meeting of 9 September 2004 the Director of Finance submitted a Report which
itemised and recommended that certain debts in excess of £1,000 be written
off in the current financial year 2004/05. It was indicated in the Report
that the Scheme of Delegation allowed the Director of Finance to write off
sums outstanding to the Comhairle of up to £1,000 and that the writing off of
sums in excess of £1,000 required Comhairle approval.
It was agreed to recommend that the
debts itemised in Appendix A to the Report be written off.
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Funding
for Comhairle Waste Audit
CH03.01
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7
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The Director
of Corporate Services and the Director for Sustainable Communities submitted
a Joint Report detailing an indicative allocation of up to £62,500 from the
Scottish Executive to the Comhairle to undertake a comprehensive waste audit
of its functions and services. It was indicated in the Report that the grant
would be subject to a bid, which would require to meet the conditions, set
out in the letter appended to the Report.
It was agreed to recommend that the
Director of Corporate Services (supported by the Director for Sustainable
Communities) be authorised to bid for the resources to undertake a
comprehensive waste audit of the Comhairle’s services and functions to be
undertaken in 2005/2006.
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Childcare/Sure
Start Release of Additional Funding
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8
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The Director
of Education submitted a Report concerning the drawing down from balances of
a proportion of the additional funding allocated by the Scottish Executive
for Childcare and Sure Start initiatives. The background to the matter was
outlined in the Report.
It was agreed to recommend that the
release of £70,000 of the additional funding allocated by the Scottish
Executive for Childcare/Surestart for the financial year 2004/2005 to enable
the Education Department to take forward the Childcare Strategy without
reducing current service levels be approved.
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Active
Schools – Establishment of Posts
AL06.01.58
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9
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With reference
to item 21 of the Minute of Meeting of the Education and Children’s Services
Committee of 3 November 2004 the Director for Sustainable Communities
submitted a Report concerning the establishment of posts required to
implement the Active Schools network. Details of the establishment of post
procedures, external funding, the proposed funding package and an exit
strategy were outlined in the Report. Job Descriptions and Person
Specifications for each of the proposed jobs were appended to the Report.
It was agreed to recommend that:
(1) the Comhairle approve the realignment
of the Education Department’s School Sport Co-ordinator budget of £12,157 per
annum to the Active Schools Network; and
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(2) the recruitment of posts be
considered by the Human Resources Sub Committee in order to implement the
Active Schools Network in the Western Isles.
Arising out
of consideration of this matter it was agreed to recommend that a Report
would be submitted to a future meeting of the Committee detailing progress
with the Active Schools Initiative and highlighting any improvements or
changes which had taken place following implementation of the Initiative.
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CAPITAL
PROGRAMME 2004 – 2008
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Pitch
Audit – Capital Programme
AL06.01.62
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10
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The Director
for Sustainable Communities submitted a Report seeking approval of a
prioritised list of projects to be developed. It was indicated in the Report
that an audit of existing pitch facilities had been undertaken by the Sport
and Health Section, in conjunction with the Department of Technical
Services. A summary of the responses to the audit were outlined in the
Report. A list of projects which it was recommended be considered for
further development was appended to the Report.
It was
agreed to recommend that the prioritised list of projects to be developed, as
detailed in the Appendix to the Report, with the inclusion of the Tong
Community Pitch and the Carloway Football Club Pitch, be approved.
Arising out
of consideration of this item it was noted that the Director for Sustainable
Communities would add the pitches at Tolsta and Sandwick to those listed on
page 15 of the Report, section 6.4 under the title of Community Owned Grass
Pitches.
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Feasibility
Study for Future Transport Projects
T01
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11
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The Director of Technical Services submitted
a Report seeking approval to carry out feasibility work to facilitate future
major capital projects. The Report provided details of proposed schemes and
the relevant Project Evaluation Report was appended to the Report.
It was agreed to recommend that:
(1) £120k be transferred to the Capital
Programme to enable feasibility work to progress the Lochmaddy Pier –
Structural and Feasibility Studies, Alternative Energy Generation for the
Sound of Harris and Options for Future Phasing of Upgrading of the Spinal
Route schemes on the basis that, in the event that it appeared that the level
of match funding available to progress these projects was not sufficient to
allow the feasibility studies in relation to the five projects identified at
para. 2.2 of the Report to be completed within the current capital programme,
the Director of Technical Services would advise the Comhairle as soon as
possible and enable the Comhairle to determine the best means of expending
the Comhairle’s contribution; and
(2)
the Director of Technical Services
bring a Report to the next Meeting seeking to prioritise a list of six
schemes, spread across the Western Isles in order to take advantage of any
potential windfall funding through HISTP.
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The Chairman
ruled in terms of Standing Order 64 that the following matter be considered
as there had been a material change of circumstances, namely, that it would
be more appropriate to place the project as a composite project within the
Capital Programme.
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PER
Archaeological Interpretation
AL09.01.14
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12
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The Director for Sustainable Communities
submitted a Report outlining the proposed use of capital funds to enhance
archaeological interpretation throughout the Western Isles. The relevant
Project Evaluation Report to enable inclusion of the project in the new
renovation/composite programme was appended to the Report.
It was agreed to recommended that the
Comhairle approve the project as outlined for inclusion in the Capital
Programme 2004 – 08 in line with the Project Evaluation Report at Appendix 1
to the Report.
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It was agreed
that the public, including the press, be excluded from the meeting during
consideration of item 13 below on the grounds that exempt information as
defined in Paragraph 9 of Schedule 7A of the Local Government (Scotland) Act
1973 would be disclosed, namely 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.
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Stornoway
Regeneration PER DS40.01.18
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13
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With reference
to Item 8 of the Minute of Meeting of the Sustainable Development Committee
of 21 April 2004 the Director for Sustainable Communities submitted a Report
updating the Committee on the deliberations of the Stornoway Regeneration
Group and seeking approval of a Project Evaluation Report in respect of the
Comhairle’s contribution to the development stages of the Stage 2 bid to the
Heritage Lottery Fund Townscape Heritage Initiative within Stornoway and the
Comhairle’s contributions to the first two years of the scheme. The PER was
appended to the Report.
It was agreed to recommend that the Comhairle:
(1) approve the proposed Stornoway
Regeneration Group ‘Heads of Agreement’ presented at Appendix 1, subject to
approval by partner organisations;
(2) approve the Stornoway Regeneration
capital PER focused on the proposed Stornoway THI as presented at Appendix 2;
and
(3) authorise the Director of Corporate
Services, in consultation with the Director for Sustainable Communities, to
engage consultants to undertake development work required for the Stornoway
Townscape Heritage Initiative and related matters in terms of the Comhairle's
Contract Regulations by competitive tender with the exception of the
Consultancy work for West Harbour which be not tendered for in terms of
Contract Regulation 7(f), for reasons set out in paragraph 5.8 of the Report,
including grounds of specialist nature of the work and achievement of value
for money to the Comhairle and that the Director for Sustainable Communities
be authorised to directly appoint Halcrow to undertake West Harbour case
development.
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HOUSING
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Housing
Revenue Account Financial Plan 2005/2006 – 2007/2008
PR110.01
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14
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The Head of
Housing Services submitted a Report concerning the Housing Revenue Account
Financial Plan 2005/2006-2007/2008.
The Report stated
that the funding of the Plan was based on the Prudential Framework. It was
intimated in the Report that the plan reflected the priorities for investment
established in the Local Housing Strategy namely:
(1)
The elimination of condensation and dampness
(2)
The replacement of defective windows and
doors;
(3)
The improvement of internal services e.g.
completing kitchens and bathrooms;
(4) the rewiring of properties in line with
the Institute of Electrical Engineers Regulations;
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(4)
The provision of carbon-monoxide detectors and
replacement smoke alarms;
(5)
The upgrade of poor heating systems.
It was further
stated in the Report that the Plan also took account of issues highlighted by
the most recent House Condition Survey, which had been updated in March 2003
and also reflected the Comhairle’s commitment to invest to meet the
requirements of the Home Energy Conservation Act.
The Report further identified key changes
in the current Plan.
It was agreed to
recommend that the Housing Revenue Account Financial Plan 2005/06 – 2007/08
be approved, on the basis that the annual Capital Programme for 2005/06 would
be reported for approval once the level of funding available has been finally
determined.
Arising out of consideration of the above item
it was agreed to recommend that the Director of Corporate Services be
requested to issue a press release on "home safety".
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Housing
Revenue Account Capital Programme 2004/05: Progress Report
PR110.01
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15
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The Head of
Housing Services submitted a Report giving information on expenditure
incurred in respect of the Housing Revenue Account Repairs and Maintenance
Budget for 2004/05.
It was stated
in the Report that it was anticipated that demands on the Repairs and
Maintenance Budget 2004/05 would increase during the Winter months and that
it would therefore be necessary to closely monitor the Repairs and
Maintenance Budget for 2004/05, on the basis that any variances would be
reported to the Comhairle.
It was
agreed to recommend that:
(1)
the Housing Capital Programme 2004/05
be revised as detailed at Appendix 1 to take account of project variations;
and
(2)
the expenditure profile shown at
Appendix 2 be noted.
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Croft
House Grant Scheme
DS40.02.06
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16
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With reference to item 34 of the Minute of
Meeting of 9 September 2004 the Director for Sustainable Communities
submitted a Report regarding the proposed Croft House Grant Scheme. It was
indicated in the Report that the Housing and Sustainable Development
Committees in August had requested that work be done to develop options for
additional support by the Comhairle for new crofter housing and that the
Comhairle had taken the view that a letter should be sent in the first
instance to the Minister for Rural Affairs. A copy of the letter which had
been sent to Ross Finnie, the former Minister for Rural Affairs and the
response of the Lewis Macdonald, the new Minister for Environment and Rural
Development, was appended to the Report. It was further indicated that a
meeting had been arranged for 10 January 2005 in Edinburgh to discuss the
matter further with Lewis Macdonald MSP and that the Comhairle would be
represented at this meeting by the Convener and the Head of Economic
Development.
It was agreed to recommend that the
Report be noted.
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It was agreed
that the public, including the press, be excluded from the meeting during
consideration of item 17 below on the grounds that exempt information as
defined in Paragraph 9 of Schedule 7A of the Local Government (Scotland) Act
1973 would be disclosed, namely 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.
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Housing
Stock Transfer: Update
H01.18
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17
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With reference to item 14 of the Minute of
Meeting of 10 November 2004 the Chief Executive submitted a Report detailing
the announcement of Regeneration Funding made to the Comhairle by the
Minister for Communities on 3 December 2004. Details of the Community
Ownership Programme, Regeneration Funding Package, Monitoring Requirements,
Business Plan Appraisal and next stages in the Stock Transfer Process were
given in the Report.
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It was
agreed to recommend that:
(1) the
announcement of the £15 million Regeneration Funding package from the
Scottish Executive as detailed in the letter of 13 December 2004, appended to
the Report, be noted;
(2) the Regeneration
Funding package be accepted, in principle, and the continuing action of the
Housing Stock Transfer process be agreed subject to:
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(i) work continuing on the analysis of
HHP’s Business Plan with a view to presenting a finalised HHP Business Plan
to the Comhairle in February 2005 for approval on the basis that
(a) the Comhairle could be satisfied that
the Business Plan was sustainable for the benefit of the Comhairle’s tenants
and the wider community of the Western isles; and
(b) the Comhairle’s interests were
adequately protected including, without prejudice to the foregoing
generality that agreement had been reached with HHP in relation to contracts
for services to the satisfaction of the Director of Corporate Services and
Acting Director of Finance in areas of work determined by them; and
(ii) a Performance Monitoring
Process being developed between the Comhairle and Hebridean Housing
Partnership to ensure the draw down of any required support funding was both
appropriate and timeous; and
(3) in the interim, it
be delegated to the Chief Executive, in consultation with the Acting Director
of Finance and any other appropriate Director, to make all arrangements
relating to any draw down of funding (including any drawdown in relation to
potential demolition works), including the amount of any particular draw
down.
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BUILDINGS
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Capital
Works: Programme and Progress
PR33.01.12
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18
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With reference
to item 16 of the Minute of Meeting of 10 November 2004 the Director of
Technical Services submitted a Report concerning programme and progress in
respect of properties held on the Policy and Resources account.
It was
agreed to recommend that the Report be noted.
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It was agreed
that the public, including the press, be excluded from the meeting during
consideration of item 19 below on the grounds that exempt information as
defined in Paragraphs 8 and 9 of Schedule 7A of the Local Government
(Scotland) Act 1973 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 and 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.
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Public
Private Partnership: Programme Update
E01.04.38
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19
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With reference to item 17 of the Minute of
Meeting of 10 November 2004 the Director of Education submitted a Report
concerning the outcome of a meeting with the Scottish Executive on 14
December 2004 when the Scottish Executive’s Financial Partnerships Unit
addressed the Public Private Partnership Member/Officer Working Group. A
summary of the proposed action points from the meeting and an outline
timetable from January 2005 to April 2005 was given in the Report.
It was
agreed to recommend that:
(1) the project programme for the period 1
January 2005 to 30 April 2005 be approved;
(2) expenditure up to a limit of £375k from
the PPP set up budget for the period ending 30 April 2005 be approved; and
(3) it be noted that further information on
the nature of the financing would be required from the Scottish Executive
prior to construction commencing.
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POLICY
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Asbestos
Policy
M08.01
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20
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With reference to Item 97 of the Minute of
Meeting of 7 September 1999 the Director of Technical Services submitted a
Report seeking approval of a revised policy on asbestos. It was indicated in
the Report that the Comhairle had previously approved an Asbestos Policy in
September 1999 but that since that date, legislative changes had taken place
requiring changes in managing asbestos containing materials in buildings. It
was further indicated that the Policy would be reviewed and updated in
December 2006, unless future legislation required an earlier review.
It was agreed to recommend that the
Asbestos Policy attached to the Report be approved.
Arising out of consideration of this item it
was agreed to recommend that:
(1) the Director
for Sustainable Communities would refer the matter regarding asbestos in
private dwellinghouses to the Home Safety Group to progress this matter; and
(2) the Director for Sustainable Communities
would write to all Community Councils regarding the dangers of asbestos.
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Smoking
at Work Policy
PR11.07
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21
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With reference to item 41 of the Minute of
Meeting of 10 November 2004 the Director of Corporate Services submitted a
Report concerning proposed revisions to the Comhairle’s Smoking at Work
Policy by banning smoking in Comhairle premises. The amended Policy was
appended to the Report. The Committee also considered the recommendation at
Item 5 of the Minute of Meeting of the Local Government Employee JCC of 10
December 2004.
It was
agreed to recommend that the Smoking at Work Policy, attached at Appendix 1
to the Report, be approved and implemented from 1 January 2005, subject to
suitable receptacles being placed in relevant places and guidance being
issued to all staff from Line Managers prior to that date.
It was
further agreed to recommend that for the avoidance of doubt this Policy would
also apply in all Education premises.
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Policy on
Early Retirement: Teaching Staff
E06
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22
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With reference to item 20 of the Minute of
Meeting of 10 November 2004 the Director of Corporate Services and the
Director of Education submitted a Report detailing the terms of the policy on
early retirement in relation to the appeals process for teaching staff and to
clarify the policy in relation to the retirement of teaching staff who were
over the age of 60. The background to the matter and details of the appeals
process were outlined in the Report.
It was agreed to recommend that the
Report be noted.
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ECONOMIC
DEVELOPMENT
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It was agreed
that the public, including the press, be excluded from the meeting during
consideration of item 23 below on the grounds that exempt information as
defined in Paragraph 6 of Schedule 7A of the Local Government (Scotland) Act
1973 would be disclosed, namely, information relating to the financial or
business affairs of any particular person, other than the Comhairle.
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Arnish
Update
DS40.01.02
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23
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With reference to item 1 of the Minute of
Meeting of 10 November 2004 the Director for Sustainable Communities
submitted a Report which provided information in relation to funding packages
at Arnish Point in connection with previous and present developments.
It was agreed to recommend that the
progress in relation to the revitalisation of Arnish Point be noted.
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APPOINTMENT
OF CONSULTANTS
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It was agreed
that the public, including the press, be excluded from the meeting during
consideration of the item 24 below on the grounds that exempt information as
defined in Paragraph 6 of Schedule 7A of the Local Government (Scotland) Act
1973 would be disclosed, namely, information relating to the financial or
business affairs of any particular person, other than the Comhairle.
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Appointment
of Sub-Consultants
PR31.08
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24
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The Director of Technical Services submitted
a Report which provided an update on the current sub-Consultancy appointments
for work through the Technical Services Department. It was indicated in the
Report that, in order to widen the scope for consultant appointment to meet
the short term peaks in workload and the increased requirement for specialist
advice, additional consultancy practices had been added to the list of
Sub-Consultants appended to the Report.
It was agreed to recommend that:
(1) the action of the Director of
Technical Services in adding to the Comhairle’s Standing List of
Sub-Consultants be homologated and the list at Appendix 1 to the Report be
approved; and
(2) the 2000 – 2004 Sub-Consultant
appointments as listed at Appendix 2 to the Report be noted.
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It was agreed
that the public, including the press, be excluded from the meeting during
consideration of item 25 below on the grounds that exempt information as
defined in Paragraph 6 of Schedule 7A of the Local Government (Scotland) Act
1973 would be disclosed, namely, information relating to the financial or
business affairs of any particular person, other than the Comhairle.
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Appointment
of Agents for the Development of Serviced Plots
H01
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25
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The Director
for Sustainable Communities submitted a Report concerning the possible
extension of the appointment of Tighean Innse Gall as Development Agents, on
behalf of the Comhairle, to enable the development of three serviced plot
sites in 2004/05 and to appoint Tighean Innse Gall as Development Agents up
to Stage 1 for 2005/06 for priority serviced plot sites. It was intimated in
the Report that to minimise risk at the appointment stage the process had
been broken down into three separate stages, namely:
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Stage 1 –
Development of proposals to planning application.
Stage 2 –
Development of detail design, tender of works, management of contract period
to completion.
Stage 3 –
Implementation of marketing strategy, assessment of applicants, co-ordination
of Rural Home Ownership Grant to completion of sale of site.
The Report
gave further background information and commented on the fee proposals
submitted by Tighean Innes Gall. The targeting criteria to enable the
selection of suitable applications were attached at Appendix 1 of the
Report. It was further intimated that the identification of the next phase
of serviced plot sites would be the subject of a future Report to the
Committee.
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It was agreed to recommend that:
(1) Tighean Innse Gall be appointed as development agent
for Stages 2 and 3 (as outlined in paragraph 2.2 of the Report) for the
development of three sites for serviced plots and that competitive tenders be
not sought in terms of Contract Regulation 7(f) for the reasons outlined in
paragraph 2.6 of the Report;
(2) it be delegated to the Director of
Corporate Services, in consultation with the Director for Sustainable
Communities, to appoint Tighean Innse Gall as development agents for Stage 1
(as outlined in paragraph 2.2 of the Report) of the next phase of serviced
plot development for financial year, 2005/06, subject to the proposed level
of fee being presented to the Committee, and that competitive tenders be not
sought in terms of Contract Regulation 7(f) for the reasons outlined in
paragraph 2.6 of the Report; and
(3) the targeting criteria at Appendix 1
be approved.
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HUMAN
RESOURCES
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It was agreed
that the public, including the press, be excluded from the meeting during
consideration of item 26 below on the grounds that exempt information as
defined in Paragraph 1 of Schedule 7A of the Local Government (Scotland) Act
1973 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.
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Appointment
of Chief Executive: Proposed Timetable
M01.06
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26
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The Head of Legal and Democratic Services
submitted a Report proposing a process in relation to the appointment of a
Chief Executive prior to the expiry of the fixed term contract of employment
of the current Chief Executive. The Report also detailed a suggested
timetable.
It was
agreed to recommend that:
(1) the Human Resources Sub-Committee be
requested to draft a Person Specification and Job Description for the post of
Chief Executive for approval by the Comhairle in April 2005 and that the
Human Resources Sub-Committee provide an update Report to the Committee in
February 2005 detailing progress and any proposals which may require to be
the subject of consultation;
(2) the Human Resources Sub-Committee be
requested to make proposals in relation to the recruitment process for the
post of Chief Executive to the Comhairle in April 2005, including the
appointment of any independent advisers, advertising coverage, and any
handover period on the basis that any proposals which would have financial
consequences would be reported to the Comhairle in February 2005;
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(3) the Human Resources Sub-Committee be
requested to make proposals to the Comhairle in April 2005 in relation to the
terms and conditions of employment of the post of Chief Executive including
whether the contract of employment should be for a fixed term; and
(4) the proposed timetable for
appointment to the post of Chief Executive, detailed at paragraph 4.1 of the
Report, be approved.
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It was agreed that the public, including the press, be excluded
from the meeting during consideration of item 27 below on the grounds that
exempt information as defined in Paragraph 1 of Schedule 7A of the Local
Government (Scotland) Act 1973 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.
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Organisational
Structures: Future Options for Comhairle nan Eilean Siar
M02.07
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27
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The Chief Executive submitted a Report in
relation to Organisational Structures. The Report also addressed a number of
structural options which the Comhairle could adopt and identified some of the
issues facing the Comhairle which could have an affect on organisational
structures.
It was agreed to recommend that
consideration of this matter be deferred to an all day Seminar for all
Members to be held as early as possible in the new year, and that the Chief
Executive and the outgoing Director of Technical Services be invited to
attend that Seminar and that the Chief Executive present the following
information to that Seminar:
(1) details of current structures within
the Comhairle;
(2) details of structures within other
local authorities, particularly those which have corporate or strategic
directors; and
(3) scenarios to deal with potential issues affecting the
Comhairle eg Housing Stock Transfer, Joint Futures.
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Subsistence
Rates
M05.01
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28
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The Director of Corporate Services and the
Acting Director of Finance submitted a Report which proposed a revised scheme
for officers for the payment of subsistence rates. It was indicated in the
Report that, in line with Inland Revenue guidelines, employees must transfer
to a payment system which relied on receipted expenditure. Details of
discussions with trade unions and comparisons with other local authorities
were outlined in the Report.
It was agreed to recommend that:
(1) employees transfer to a receipt based
expenses system in relation to accommodation with immediate effect on the
basis that employees would be awarded a payment of £25 per 24 hour period in
respect of meals and incidental expenses;
(2) a further Report be submitted to a
future meeting of the Committee:
(a) regarding levels of Members’ and
Officers’ expenses;
(b) detailing the position in relation to
reclaiming VAT on expenses; and
(c) the position in relation to the
Comhairle taking maximum advantage of its ability to reclaim VAT.
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LEGISLATION
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Freedom
of Information (Scotland) Act 2002
L10.401A
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29
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The Director of Corporate Services submitted
a Report detailing current progress regarding the implementation of the Freedom
of Information (Scotland) Act 2002. It was indicated in the Report that the
Freedom of Information (Scotland) Act 2002 would come into effect on 1
January 2005 and that the Act created a right for persons to request
information held by Scottish Public Authorities and imposed a duty on
Councils to comply with these requests, subject to certain exemptions, within
twenty working days.
It was agreed to recommend that it be
delegated to the Director of Corporate Services to take all steps she may
deem appropriate, to ensure compliance with the Freedom of Information (Scotland) Act 2002 and to take all steps necessary to protect the Comhairle’s interests
relating to the Act.
Arising out
of consideration of this item it was agreed to recommend that representations
be made, by the Convener, through CoSLA for additional resources to enable
the Comhairle to carry out its duties to ensure compliance with the Freedom
of Information (Scotland) Act 2002.
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Boundary
Commission for Scotland – Annotated Map to Accompany Initial Concluded View
C43
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30
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With reference to item 27 of the Minute of
Meeting of 10 November 2004 and the Minute of the Comhairle of 6 December
2004 the Director of Corporate Services submitted a Report concerning the
response to the Local Government Boundary Commission for Scotland in relation to Stage 1 of the current review by the submission of an annotated
map. Three options for consideration were outlined in the Report and maps
showing a range of options for amalgamated wards were appended to the Report.
Mr Angus Campbell, seconded by Mr Norman A
Macdonald moved that Map 3 appended to the Report be submitted to the Local
Government Boundary Commission for Scotland together with an annotation
stating that the Comhairle also wished to consider alternatives in relation
to the representation of Harris and Barra.
Mr Murdo Macleod, seconded by Mr Norman L
Macdonald, moved as an amendment that the Manor Park Ward be moved into
section 8, and the Plasterfield Ward be moved into section 9, on map 3 appended
to the Report..
On the matter being put to the vote the
motion received the majority of the votes cast and became the finding of the
meeting.
Mr Donald Manford requested that his dissent
against this decision be recorded.
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RELATED
MATTERS
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Modernising
Government Fund (Third Round) – MGF3
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31
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The Clerk sought and obtained the Chairman’s
permission to withdraw this item.
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Dialogue
Youth Services: Consultation Strategy
AL07
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32
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The Chief Executive submitted a Report
concerning the arrangements for the continuation of the work currently
undertaken by the Dialogue Youth Unit. It was indicated in the Report that
Dialogue Youth was one of the Comhairle’s Modernising Government Fund
programmes. Details of the main strands of this national programme were
outlined in the Report.
It was agreed to recommend that:
(1)
the continuation of the Dialogue Youth
Unit be supported, in principle; and
(2) a further Report be submitted to
the next series outlining funding options and details of the proposed
programme delivery.
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Review of
Community Safety Award Programme
PR11.42
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33
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The Director for Sustainable Communities
submitted a Report which gave details of new proposals by the Scottish
Executive for the review of the Community Safety Partnership Award Program and
how the Community Safety Partnership proposed to ensure its implementation.
The background to the current situation and implications of the new draft
guidance were detailed in the Report.
It was agreed to recommend that the
recommended priority set by the Western Isles Community Safety Partnership,
as detailed in paragraph 7.1 of the Report be approved and the proposals to
ensure its implementation be noted.
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Post 2006
EU Lobbying
PR70
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34
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The Chief Executive submitted a Report which
provided an update on the Comhairle’s ongoing lobbying with regard to
European Structural Funds and State Aid post 2006.
It was agreed to recommend that the
Report be noted.
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Consultation
Papers from External Bodies
PR41
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35
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The Chief Executive submitted a Report concerning
the process which had been put in place to ensure that the Comhairle
responded to all appropriate consultation papers that were issued by external
bodies. A flowchart detailing the consultation process and a list of web
sites being kept under review were appended to the Report.
It was agreed to recommend that the
process for responses to consultation papers as detailed in Appendix 1 of the
Report be approved.
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Building
Contracts: Proposed Amendment to Contract Regulations
PR31.07
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36
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The Director of Technical Services submitted
a Report which sought authority to update the Comhairle’s Contract
Regulations to bring tendering procedures in line with industry best
practice.
It was agreed to recommend that:
(1) the procedure for tendering contained
in Appendix B to the Report, be stated in the preliminaries section of the
tender documents of all Comhairle building contracts tendered on a
competitive basis; and
(2) Contract Regulation 19 be deleted and
following substituted therefor:
“In the event that the estimated total value of a contract is such
that the relevant European procurement rules do not apply all post tender
negotiations conducted with a view to the alteration of a tender price shall
be confirmed in writing. Initially negotiations will be carried out with the
lowest tenderer. If negotiations fail, then the second lowest tenderer may
be approached. This procedure may be repeated until an acceptable tender is
achieved.
In the event that the estimated total value of a contract is such that
the relevant European Procurement Rules do apply all post tender negotiations
shall be carried out in accordance with the relevant Procurement
Regulations.”
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REPORTS
OUTSTANDING
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Reports
Outstanding: Progress
PR33.01.12
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37
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With reference
to item 41 of the Minute of Meeting of 10 November 2004 the Director of
Corporate Services submitted a Report concerning Reports Outstanding arising
from decisions of the Policy and Resources Committee.
It was agreed to recommend that the
Report be noted.
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ADDITIONAL
ITEMS
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The Chairman
ruled that in accordance with the provision of Section 50(B) 4 of the Local
Government (Scotland) Act 1973 as amended the following four items be
considered as a matter of urgency in order to allow the Committee to take a
view on the matters.
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It was agreed
that the public, including the press, be excluded from the meeting during
consideration of item 38 below on the grounds that exempt information as
defined in Paragraphs 8 and 9 of Schedule 7A of the Local Government (Scotland)
Act 1973 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
and 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.
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Kallin Harbour Berthing Facilities:
Appointment of Consultants
T07.02.23
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38
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The Director of Technical Services submitted
a Report seeking approval to appoint Consultants to progress the design and
supervision of the construction of additional berthing facilities at Kallin Harbour, North Uist.
It was
agreed to recommend that:
(1) the work be not tendered in terms of
Contract Regulation 7(f) for the reasons set out in paragraphs 5.2 and 5.3 of
the Report; and
(2) it be delegated to the Director of
Corporate Services, in consultation with the Director of Technical Services
and subject to the Comhairle securing FIFG funding for the project, to
appoint Consulting Engineers Arch Henderson to progress the design and
supervise the construction of additional berthing facilities at Kallin
Harbour.
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Assessment
of Large Windfarm Applications
DS21.07.75
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39
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With reference to item 23 of the Minute of
Meeting of 10 November 2004 the Director for Sustainable Communities
submitted a Report outlining an assessment process for applications submitted
under Sections 36 and 37 of the Electricity Act 1989. A provisional
timetable of presentations and the proposed procedure to be adopted for
hearing representations at special meetings of the Environmental Services
Committee convened to consider Section 36 Windfarm applications was appended
to the Report.
It was
agreed to recommend that:
(1) a Members’ Seminar be held to provide
Members with information and training in respect of their role, duties and
responsibilities as Members of the principal consultee in an Electricity Act
application and provide information in relation to relevant issues that they
may require to consider;
(2) the notional outline for how the
presentations could be ordered in May 2005, as attached at Appendix 1 to the
Report, be approved, subject to the insertion of:
(a) Tong Community Council on the list on
page 28 of the Report under the heading “Lewis Windpower”; and
(b) North Harris Community Council on the
list of page 29 of the Report under the heading “Beinn Mhor Power”.
(3) no parties, other than those
previously agreed, be invited to participate at the special presentations in
May 2005; and
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(4) it be delegated to the Director of
Corporate Services, in consultation with the Director for Sustainable
Communities, to determine the dates of any special meetings of the Environmental
Services Committee to allow presentations and to consider comments on wind
farm applications submitted under Sections 36 and 37 of the Electricity Act
1989, and the Comhairle to consider a Report from any special meeting of the
Environmental Services Committee and that indicative dates be agreed as
follows
Members Seminar 9
March 2005
Presentations w/b
23 May 2005
Special Environmental Services
Committee 22 June 2005
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It was agreed that the public, including the
press, be excluded from the meeting during consideration of item 40 below on
the grounds that exempt information as defined in Paragraph 6 of Schedule 7A
of the Local Government (Scotland) Act 1973 would be disclosed, namely,
information relating to the financial or business affairs of any particular
person, other than the Comhairle.
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Lochmaddy
Abattoir
DS40.42
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40
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The Director for Sustainable Communities
submitted a Report detailing discussions held with the operator of Lochmaddy
Slaughterhouse and the identification of mechanisms to safeguard this
facility. The background to the matter and options for purchase or lease of
the facility were outlined in the Report.
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