11 Sep 2001

COMHAIRLE NAN EILEAN SIAR

POLICY AND FINANCE COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Tuesday 11 September 2001 at 10.00 am

PRESENT

Mr Roderick J Murray (Chairman)

Mr Norman L Macdonald (Vice-Chairman)

Mr Angus Campbell

Mr Alexander A Macdonald

Mrs Morag Munro

Mr Norman A Macdonald

Mr Donald Maclean

Mr Angus Nicolson

Mrs Mary Bremner

Mr Alasdair G Macrae

Mr Donald Manford

CONSTITUTION

Election of Vice-Chairman

1

With reference to Item 15 of the Minute of Meeting of the Comhairle of 30 August 2001, the Chairman called for nomination for Vice-Chairman of the Committee.

Mrs Morag Munro, seconded by Mr Alex A Macdonald, moved the appointment of Mr Norman L Macdonald.

There being no further nominations, the Chairman declared that Mr Norman L Macdonald had been elected as Vice-Chairman of the Committee.

MINUTES

Policy and Resources Committee

2

The Minute of Meeting of 19 June 2001 was approved.

Local Government Employee: Joint Consultative Committee

3

The Minute of Meeting of the Local Government Employee Joint Consultative Committee of 21 June 2001 was noted.

FINANCE

Non-Housing Capital Monitoring: 1 April 2001 to 30 June 2001

4*

The Director of Finance submitted a Report regarding the Programme of Capital Expenditure for the Comhairle for the period to 30 June 2001 for all Services except the Housing Revenue Account. The Report detailed the approved expenditure and estimated outturn expenditure for the financial year 2001/02 for each Service. It was noted that the Programme was over-committed by £918,000. A summary of the variations were set out in the Report. Details of the Capital Programme, together with proposed revisions were appended to the Report.

It was agreed to recommend:

(1) approval of the forecast outturn as the revised approved Capital Programme 2001/02 and specifically:

(a) total slippage of £1,006,000 as detailed in Appendix 1 to the Report by the Director of Finance;

(b) acceleration of £27,000 for School Traffic Management to be funded from slippage, be included in the 2001/02 Programme;

(c) acceleration of £140,000 for Sir E Scott School, to be funded from slippage, be included in the 2001/02 Programme;

(d) disposal of Manish School be incorporated in the Programme at an estimated cost of £1,000 and estimated receipt of £5,000;

(e) a project for suspension ropes at Lochmaddy Pier at a cost of £110,000 to be funded from slippage;

(f) the gross cost of £930,000 for Ardmhor Road and Breakwater be included in the Transportation Programme with a HISTP contribution of £325,000 and WIE contribution of £100,000;

(g) the capital car loan project be included in the Capital Programme at a cost of £250,000 with estimated receipts of £250,000;

(h) acceleration of £500,000 for Housing Grants be included in the 2001/02 Programme;

(i) underspends on Voluntary Match Funding and Barra Golf Club be used to fund an equal overspend of £25,000 on the automation of Stornoway Library;

(j) £190 of fee expenditure be included in the main programme for the Stornoway Sports Centre Development;

(k) slippage of £50,000 for the sale of Keith Street Library site;

(l) reduction of £20,000 in the estimated receipt for the sale of the Keith Street Library site;

(m) an immediate decision be taken as to whether the two coastal access projects can be completed by 31 December 2001; and

(n) funding of of the £36,000 overspend at Rueval Leachate plant by £21,000 slippage and £15,000 underspend on public convenience grants;

(2) that project initiation reports are prepared for the proposed list of projects set out in Appendix 5 to the Report by the Director of Finance; and

(3) that the project initiation reports are processed as per the timetable in Appendix 5 to the Report by the Director of Finance.

First Quarter Forecast Revenue Outturn

5*

The Director of Finance submitted a Report setting out the Revenue Expenditure and Income for all of the Comhairle's Services for the period 1 April to 30 June 2001. Current spending trends across Services were examined and pressures on particular budgets highlighted. The effect on the Comhairle's balances if spending trends were maintained was outlined in the Report.

It was agreed:

(1) to note the Report; and

(2) to recommend:

(a) that the Director of Corporate Services and the Director of Social Work be required to bring forward proposals as to how their respective Department's spending could be brought back in line with budgets;

(b) that the Chief Executive and the Management Team identify arrangements for the next Committee series identifying how the Comhairle's budget could be brought back into balance by the end of the financial year;

(c) that the Director of Finance be required to bring forward recommendations within the budget strategy 2002/03 to 2004/05 setting out how reserves can be brought back to an appropriate level;

(d) the use of £28,000 from the Contingency to fund Christmas Lights; and

(e) the payment of £4,600 from Contingency for the cost of settling the Western Isles Licensing Board Judicial Review be approved.

Carry Forward of Budgets 2000/01

6*

With reference to Item 61 of the Minute of Meeting of the Policy and Resources Committee of 19 June 2001, the Director of Finance submitted a Report regarding the underspends and overspends in departmental controllable budgets carried forward from the 2000/01 financial year. Proposals to utilise the underspends carried forward and to cover the overspends in 2000/01 were appended to the Report.

It was agreed to recommend approval of:

(1) the carry forward of revenue budgets as detailed in Appendix 1 to the Report by the Director of Finance; and

(2) the application of the carry forwards as detailed in Appendix 2 to the Report by the Director of Finance.

1% Savings Exercise 2001/02

7*

With reference to Item 61 of the Minute of Meeting of the Policy and Resources Committee of 19 June 2001 the Director of Finance submitted a Report setting out the 1% of savings identified by each Committee for consideration for returning to balances.

The Director of Finance also circulated a supplementary report setting out the implications of accepting the proposals by the Education Committee with regard to the 1% savings exercise in the Education Services.

Mr Angus Nicolson, seconded by Mr Norman A Macdonald, moved that the 1% savings detailed in Appendix 1 to the Report by the Director of Finance be approved.

Mr Norman L Macdonald, seconded by Mrs Morag Munro, moved as an amendment that the 1% of savings in the Education Service be calculated excluding the funds ring-fenced for School Education and any savings required from the Education Service be taken accordingly.

On the matter being put to the vote, the motion received the majority of votes cast and it was agreed to recommend accordingly.

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 paragraph 8 of Part I of Schedule 7A of the Act would be disclosed, namely, 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.

DLO/DSO Performance Monitoring for period ended 30 June 2001

8

With reference to Item 52 of the Minute of Meeting of the Finance Sub-Committee of 28 May 2001, the Director of Finance submitted a Report summarising income and expenditure for each of the Comhairle's DLO/DSOs for the period 1 April 2001 to 30 June 2001, together with Performance Monitoring Reports relating to each DLO/DSO as follows:

(1) Technical Services DSO - Report by Director of Finance

(2) School Meals Contract - Report by Director of Education

(3) Building Cleaning Services - Report by Director of Education

(4) Refuse Collection Contract - Report by Director for Sustainable Communities

(5) Street Cleansing Contract - Report by Director for Sustainable Communities;

(6) Burial Grounds Contract - Report by Director for Sustainable Communities

(7) Stornoway Library Coffee Shop - Report by Director for Sustainable Communities

(8) Technical Services - Sound of Barra Ferry - Report by Director of Technical Services.

It was agreed to note the Reports with the exception of the Report by the Director of Technical Services relating to the Sound of Barra Ferry Service.

It was agreed that the Report by the Director of Technical Services be presented in an amended form to the next meeting of the Committee.

Local Taxation, Billing Collection and Recovery

9

With reference to Item 54 of the Minute of Meeting of the Finance Sub-Committee of 28 May 2001, the Director of Finance submitted a Progress Report advising Members of the current state of collection and recovery of Council Tax, Non-Domestic Rates and Community Charge for the period ended 31 July 2001. It was noted that collection levels were below levels for previous years. It was indicated in the Report that the Scottish Executive had extended the Scheme to assist businesses affected by the Foot and Mouth Disease for a further six months until 31 December 2001. It was indicated that eight businesses had been granted relief in respect of the period 1 April 2001 to 30 June 2001.

It was agreed:

(1) to recommend that relief be extended to businesses affected by the Foot and Mouth outbreak until 31 December 2001 as outlined in paragraph 5.1 to 5.3 of the Report by the Director of Finance;

(2) to note the current position regarding the collection levels for Non-Domestic Rates and Council Tax; and

(3) that monitoring reports on collection and recovery of local taxation be submitted to each future meeting of the Committee.

POLICY PLANNING

Better Neighbourhoods Fund

10

The Democratic Services Manager sought and obtained the Chairman's permission to withdraw the Report on the amended proposals for the use of the Better Neighbourhoods additional funding in the absence of a formal response from the Scottish Executive.

Review of Strategic Planning

11*

The Director for Sustainable Communities submitted a Report regarding consultation by the Scottish Executive on a review of strategic planning. The issues raised in the consultation were outlined in the Report together with the key questions in the consultation and the proposed responses to these questions.

It was agreed to recommend that the Director for Sustainable Communities be authorised to respond to the Consultation Paper by the Scottish Executive "Review of Strategic Planning" in terms of the views expressed in Paragraphs 6.1 to 7.1 of his Report.

Western Isles Structure Plan

12*

The Director for Sustainable Communities submitted a Report regarding the Western Isles Structure Plan. It was indicated that the Plan had been approved in 1998 and was now under review. The draft revised plan was appended to the Report. It was proposed that the draft Structure Plan be circulated to the key stakeholders for informal views.

It was agreed to recommend that:

(1) the draft Structure Plan be amended for circulation to the key stakeholders listed in Appendix 1 to the Report by the Director for Sustainable Communities for information and views and subject to the inclusion of the following:

(a) under Section T2 a statement of support for Road Equivalent Tariff as being essential for the delivery of goods and services for the Islands;

(b) a section regarding the use of brown field sites be incorporated into the Structure Plan;

(c) a definition of the spinal route be included in the Structure Plan; and

(d) a statement regarding the preparation of the PSO for air services that fare structures considered should be similar to other European PSOs rather than restricted to the equivalent costs of the area of the PSO; and

(2) a further Report be tabled of the next meeting of the Committee arising from the information consultation including any proposed changes to the Plan.

European Intelligence Services: Brussels Office

13*

The Director for Sustainable Communities submitted a Report summarising the provision of European Intelligence Services from the Brussels Office to 31 March 2001 and setting out proposals to continue the provision of these services in 2001/02.

It was agreed to recommend that:

(1) it be delegated to the Chief Executive to enter into a contract with the other Highlands and Islands partners for the continued provision of European Intelligence Services from Brussels for the period 1 April 2001 to 31 March 2002, at an estimated cost of £5,400 (gross) via the Highlands and Islands European Partnership; and

(2) it be delegated to the Director of Corporate Services, in consultation with the Chief Executive and the Head of European and Development Services, to draw up the appropriate contractual arrangements with respect to the interests of Comhairle nan Eilean Siar for the above recommendation.

On-line Literacy Skills for Fluent Scottish/Irish Gaelic and Sami (Scandinavian Dialect)

14*

The Chief Executive submitted a Report regarding a proposal to provide financial assistance for a joint - funded information in communications technology linguistic project as part of the European Year of Languages. It is indicated that the expansion of Gaelic medium education and the growth in the Gaelic media sector in recent times had highlighted the problem of fluent Gaelic speakers with weak literacy skills. This had resulted in a shortage of teachers, authors, script writers and journalists. One potential solution to the problem, which was identified as being common in other European minority language communities, was to be undertaken on a trial basis at UHI at Lews Castle College Campus with the development of the literacy skills project using up to date ICT and distance learning techniques. A project proposed to set an example in overcoming difficulties in the provision in language courses by means of modern ICT's and distance learning techniques using Sami (Scandinavia), Scottish Gaelic and Irish Gaelic as the basis. It was noted that the three languages shared a number of common features, including difficulties in geographical access and sparsity of population.

It was agreed to recommend that financial assistance of £5,000 be provided from the Gaelic Development Budget as the Comhairle's contribution to the on-line literacy skills for fluent Scottish/Irish Gaelic and Sami (Scandinavian dialect) Project.

Building Maintenance Term Contracts 002/2006

15*

The Director of Technical Services submitted a Report outlining progress in the tendering for Building Maintenance Term Contract 2002 to 2006. A number of issues that has arisen were outlined in the Report. It was proposed that the timetable for the issue and return of tender documents be adjusted and that a Member/Officer Working Group be established to review the detail of the proposed contract term prior to tender documents being issued.

It was agreed to recommend that:

(1) (a) the scheduled date for the issue of tender documents be revised to 5 November 2001;

(b) the scheduled date for the return of tender documents be revised to 17 December 2001;

(c) a special meeting of the Policy and Finance Committee (with delegated powers) be scheduled for the nearest convenient date to, but no later than, 30 January 2002 to determine the awards of these contracts;

(d) evaluation of tenders received be carried out by an external consultant;

(e) the quality/price ratio to be used in the evaluation would be 35% quality/65% prices;

(f) the appointment of Mr Ken Neil of Libre Consulting Ltd to carry out an evaluation of tenders received for these contracts be approved;

(2) a short life Member/Officer Working Group be formed with the remit to review the details of the Report contract terms examining the client/contractor relationship, establishing the role of the planning supervisor and providing recommendations to the meeting for the Committee on 30 October 2001;

(3) without prejudice to the recommendations of the Member/Officer Working Group and to allow the ongoing preparation of contract documents, the following interim provision be used as working assumptions:

(a) a pre-measurements scheme of quotations as outlined at paragraph 4.6 of the Report by the Director of Technical Services should be assumed;

(b) the contract should incorporate a break clause as at paragraph 4.8 of the Report;

(c) contract guarantee bonds would be required;

(d) the employer's rights to engage others would be retained in accordance with the JCT standard forms;

(e) the day works threshold for the non-housing section of the contract should be the subject of recommendations from the Member/Officer Working Group, having regard to the basic concepts of a measured term contract;

(f) maximum and minimum order values for all orders that should be the subject of recommendation from the Member/Officer Working Group.

It was further agreed to appoint Mr Roderick J Murray, Mr Norman M Macleod and Mr Archie K Campbell as members of the Working Group.

It was agreed that 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 paragraph 6 of Part 1 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).

Standing Lists of Approved Contractors

16*

The Director of Technical Services submitted a Report regarding applications from contractors to be included in the Comhairle's various lists of approved contractors. Details of the application are appended to the Report, which indicated that satisfactory financial and technical references had been received for each contractor.

It was agreed to recommend that the contractors detailed in Appendix 1 to the Report by the Director of Technical Services be included in the various lists as detailed.

PERFORMANCE MANAGEMENT

Performance Management Planning Audit: Corporate Audit

17

The Chief Executive submitted a Report setting out the findings of the Performance Management and Planning Audit for 2000/01 carried out by the Comhairle's External Auditors, KPMG. Appended to the Report was the overall score for a corporate audit criteria. The Audit Report highlighted a number of areas of progress made by the Comhairle, together with areas for improvements. It was indicated that corporate improvement actions had been agreed with the Auditors to address the issues raised in the Report and that the Auditors considered the actions to be realistic and to address the Comhairle's main priorities for improvement.

It was agreed to note the Report.

Performance Management and Planning Audit: Follow-Up Report of 1999-2000 PMP 1 Audit

18

The Chief Executive submitted a Report setting out the findings of the Performance Management Planning Follow-Up Audit from the 1999-2000 PMP 1 Audit carried out by the Comhairle's External Auditors, KPMG. The overall score for the Corporate Audit criteria was appended to the Report. The findings in relation to the services which had been subject to the PMP 1 Audit, Ionmhas, Environmental Services and the Chief Executive's Office, were outlined in the Report. It was noted that progress in achieving the actions arising from the 1999-2000 Audit had been mixed in the Services identified. It was indicated that the Auditors had noted that progress had generally commenced following the appointment of the new Chief Executive and would not impact until 2001-02.

It was agreed to note the Report.

Performance Management and Planning Audit: Corporate Services Department

19

The Director of Corporate Services submitted a Report setting out the findings of the Performance Management and Planning Audit carried out by the Comhairle's External Auditors, KPMG, on the Corporate Services Department. The assessment of the Corporate Services Department against audit criteria was appended to the Report. Comments on the outcome of the audit, the main strengths identified and the areas of improvement highlighted were set out in the Report. It was stated that the Action Plan prepared to address the issues raised in the Audit had been included in the Department's Business Plan.

It was agreed to note the Report.

Performance Management and Planning Audit: Housing Department

20

The Director of Housing submitted a Report setting out the findings of a Performance Management and Planning Audit carried out by the Comhairle's External Auditors, KPMG, on the Housing Department. The assessment of the Department against the audit criteria was appended to the Report. The outcome of the Audit, together with the main strengths identified and areas for improvement highlighted, were set out in the Report. It was noted that the Department had received the highest assessment, A, in relation to sound financial control and reporting. It was indicated that the Action Plan prepared to address the issues raised during the Audit and had been included in the Department's Business Plan.

It was agreed to note the Report.

Business Plan Summaries

21

Business Plan Summaries for the services falling within the remit of the Committee were submitted. Each Summary contained a short description of the Department, together with information/aims, an outline of key functions and resources, a statement of relevant key aims from the Corporate Strategy and the Department's key objectives and targets for the year.

It was agreed to note the Business Plan Summaries for the Committee's interest.

Location of Business Advantage Team

22*

The Director for Sustainable Communities submitted a Report setting out proposals for the future location of the new Business Development Programme Team. It was indicated that the Comhairle had been awarded a three year funding package through the Highlands and Islands Special Transitional Programme (HISTP) to deliver a range of business support initiatives to small and medium sized enterprises throughout the Western Isles. It was stated that the new services would be known as "Business Advantage" and "Enterprise Youth". It was indicated that the former Business Development Service based at the Ness Development Centre had ceased. It was proposed that, owing to requirements of a frontline service to be accessible to clients throughout the Western Isles, more centrally located premises for core activities were required to maximise the effectiveness of the new service. It was noted that the new services had an increased staff complement and that larger premises were required to accommodate the Service's staff. It was indicated that one member of staff would be located in Uist or Barra, the final location being determined by the location of the person appointed to the post. It was indicated that a number of options for accommodation had been explored and assessed in term of suitability of accommodation and available office space. It was proposed that the main office for the Programme Team operate from 23 Keith Street, Stornoway, for the duration of the project and that suitable accommodation be found for the Business Development Assistant to be located in Uist or Barra.

It was agreed to recommend that the main office for the Business Advantage and Enterprise Youth Programme Team be located in Ness and that suitable accommodation be found for the Business Development Assistant post located in Uist or Barra.

PERSONNEL

Establishment of Recycling Posts

23*

The Director for Sustainable Communities submitted a Report regarding proposals to establish a post of Recycling Plant Operator based at the Bennadrove Landfill Site and a post of Site Operative at the Bennadrove Landfill Site. The Report also proposed the dis-establishment of the post of Relief Site Operative at Bennadrove. Details of the proposals were set out in the Report, together with job descriptions for the new posts.

It was agreed that the Director for Sustainable Communities be authorised to:

(1) establish a post of Recycling Plant Operator based at the Bennadrove Landfill Site;

(2) dis-establish the post of Relief Site Operative; and

(3) establish a post of Site Operative based at the Bennadrove Landfill Site.

Employment Support: Training Assistant

24*

The Director for Sustainable Communities submitted a Report regarding proposals to establish an additional half-time post of Training Assistant within the European and Development Services Section of the Department, and to offer the post to the present member of staff whose fixed term contract was due to end in October 2001. Details of the proposals were set out in the Report, together with a job description for the post.

It was agreed that the Director for Sustainable Communities be authorised to:

(1) establish a half-time post of Training Assistant within the European and Development Services Section on a salary scale of APII; and

(2) offer the half-time post of Training Assistant to the staff member already in post.

Establishment of Technician Post

25

The Director for Sustainable Communities submitted a Report setting out proposals to establish a post of Technician within European and Development Services Section of the Department. Details of the proposal were set out in the Report, together with a job description for the post.

It was agreed that the Director for Sustainable Communities be authorised to establish a post of Technician, European and Development Services, Grade TECH 2/3, subject to consultations with the Director of Corporate Services and the Chief Executive regarding the interface of the post with the IT Section within the Corporate Services Department.

Establishment of Principal Officer Post: - Sport and Fitness

26

The Director for Sustainable Communities submitted a Report regarding proposals to establish a post of Principal Officer - Sport and Fitness within the Arts and Leisure Section of the Department. Details of the proposal were set out in the Report, together with a job description for the post. It was noted that the post would be filled from within the existing sports facility/sports development services and the successful candidate's post would be disestablished in its present form.

It was agreed that:

(1) the Director for Sustainable Communities be authorised to establish a post of Principal Officer - Sport and fitness, on pay scale PO1-8;

(2) competition for the post be restricted to the current establishment within the sports facilities and sports development; and

(3) the successful candidate's existing substantive post be disestablished following the appointment to the new post of Principle Officer.

Establishment of Post of Café Supervisor, Pointers Drop in Centre

27

The Director for Sustainable Communities submitted a Report regarding proposals to establish a post of Café Supervisor at Pointers Drop in Centre, Lite Bite Café on a fixed term contract. Details of the proposal were set out in the Report, together with a job description for the post.

It was agreed that the Director for Sustainable Communities be authorised to establish a post of Café Supervisor at the Pointers Drop in Centre, Lite Bite Café.

Lewis and Harris New Community School Project: Establishment of Posts

28

The Director of Education submitted a Report regarding proposals to establish 3.5 FTE full service co-ordinators and a post of Administrative Assistant on a fixed term basis for the Lewis and Harris New Community Schools Project. Details of the proposal were set out in the Report, together with job descriptions for the posts.

It was agreed that the Director of Education be authorised to establish the following posts on a fixed term basis to 31 March 2004:

(1) Full-service Co-ordinator (3.5 FTE), grade PO1-3;

(2) Administrative Assistant, Grade AP1

Establishment of Post: Dining Room Supervisor, Sgoil nan Loch

29

The Director of Education submitted a Report regarding proposals to establish a post of Dining Room Supervisor at Sgoil nan Loch. Details of the proposal were set out in the Report.

It was agreed that the Director of Education be authorised to establish a post of Dining Room Supervisor at Sgoil nan Loch at 5 hours per week (Grade MW1) on a term time only basis and that the post be offered on a job-share basis to the School Clerical Assistant and School Classroom Assistant.

Establishment of Post of Nursery Nurse (Special Needs)

30

The Director of Education submitted a Report seeking homologation of a decision to establish a post of Nursery Nurse (Special Needs) for the period August 2001 to June 2002. The background to the matter was set out in the Report.

It was agreed to homologate the action of the Director of Education in establishing the post of Nursery Nurse (Special Needs) for the period August 2001 to June 2002.

Establishment of Posts: Education Service

31

The Director of Education submitted a Report regarding proposals to establish a post of Portable Appliance Tester and a post of Regional Service Technician within the Education Service. Details of the proposal were set out in the Report, together with job descriptions for the posts.

It was agreed that the Director of Education be authorised to establish the following posts:

(1) Regional Service Technician (TECH 3);

(2) Portable Appliance Tester (Grade subject to Job Evaluation)

Establishment of Post of Shared Care Facilitator: (Substance Misuse)

32

The Director of Social Work Submitted a Report regarding proposals to establish a post of Shared Care Facilitator (Substance Misuse). Details of the proposal were set out in the Report, together with a job description for the posts.

It was agreed that the Director of Social Work be authorised to establish a post of Shared Care Facilitator (Substance Misuse), Social Worker Grade for a fixed term of 3 years.

It was agreed the public, including the press, be excluded from the meeting during consideration of items 106 and 107 below on the grounds that exempt information as defined in paragraph 1 of part 1 of schedule 7A of Local Government (Scotland) 1973 would be disclosed, namely, information relating to a particular employee, former employee or applicant to become an employee, or a particular office holder or former office holder, or applicant to become an office holder under the Comhairle would be disclosed.

Appointment to the Post of Temporary Clerical Assistant, Education

33

The Director of Corporate Services submitted a Report indicating that Ms Marion Susan Cooper had been appointed to the post of temporary Clerical Assistant within the Education Department. It was noted that Ms Cooper was the daughter of Mr James L McArthur, Member for the North Benbecula Ward.

It was agreed to homologate the appointment of Ms Marion Susan Cooper to the post of temporary Clerical Assistant, Education.

Appointment to Fixed Term Post of Nursery Nurse (Special Needs)

34

The Director of Corporate Services submitted a Report indicating that Miss Sandra Dodson had been appointed to the fixed term post of Nursery Nurse (Special Needs). Miss Dodson was the niece of a member of the Comhairle.

It was agreed to homologate the appointment of Miss Sandra Dodson to the fixed term post of Nursery Nurse (Special Needs).

Applications for the Release of Posts

35

The Chief Executive submitted a Report detailing the applications submitted for release of post for the period ended 6 August 2001 and setting out the decision relating to each post.

It was agreed to note the Report.

It was agreed that 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 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, a particular officer holder or former officer holder, or applicant to become an office holder under the Comhairle.

Acquired Rights Directive 77/187: Transfer of Undertakings (Protection of Employment) Regulations 1981

36*

The Director of Technical Services and Director of Corporate Services submitted a Joint Report regarding a number of issues arising from the Acquired Rights Directive 77/187 and Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) relating to the tendering for the Building Maintenance Term Contract. It was stated that in order to afford the maximum possible level of employment protection to the workforce, the matter required to be considered and addressed in the tender documents. It was stated that the issue requiring consideration related to depots, vehicles, plant, woodworking etc machinery, portable/hand tools and materials in stores. Details of these issues were set out in the Report. It was noted that in terms of Regulation 5 of the TUPE Regulations, all rights and obligations under a contract of employment would pass automatically from the transferor to the transferee and that any person employed on the contract immediately prior to the date of transfer would transfer in terms of these Regulations should the Building Maintenance DSO fail to secure the contract. Comments on the operation of the Regulations were set out in the Report.

It was agreed:

(1) that the Committee does not exercise its delegation in respect of the matters raised;

(2) to recommend to the Policy and Finance Committee that for the purposes of performing the 2002-2006 Building Maintenance Term Contract:

(a) depot facilities at Marybank, Tarbert, Market Stance and Castlebay should be made available on a shared basis to any external contractor, to the extent that they are currently occupied by Building Maintenance DSO;

(b) the leases of vehicles currently being used by the Building Maintenance DSO would be permitted to be assigned on terms to be determined by the Director of Contract Services;

(c) non-leased vehicles and plant, portable and hand tools, currently used by the Building Maintenance DSO would be made available for purchase by an external contractor on the basis of a priced inventory;

(d) building materials held in stock would be made available for purchase by an external contractor. The basis of valuation should be the latest invoice amount or such other basis and may be determined by the Director of Finance; and

(3) to note the TUPE position as set out in the Report.

SPECIFIC ISSUES

Public and Local Holidays 2002

37

The Director of Corporate Services submitted a Report regarding the proposed Public and Local Holidays in 2002. Appended to the Report was the draft year planner for 2002 showing Public and Local Holidays and the proposed dates for meetings during the year.

It was agreed to recommend:

(1) approval of the pattern of Committee and Comhairle Meetings and the proposed Public and Local Holidays as detailed in the appendices to the Report by the Director of Corporate Services; and

(2) that the Director of Corporate Services be authorised in consultation with the Convener, the Vice-Convener and the Chief Executive, to make any necessary changes to the pattern of meetings within any Series in light of experience and the practical requirements of managing the Comhairle's business.

The Chairman ruled in terms of the Standing Order 8 that the following item be considered as a matter of urgency to enable the Comhairle to respond to a consultation by a deadline date which fell before the next scheduled meeting of the Committee and the Comhairle.

COSLA: Amendments to Constitution

38*

The Director of Corporate Services submitted a Report regarding changes proposed to the Constitution of COSLA. Details of the proposed changes were appended to the Report, together with a commentary on each change. It was noted that the main proposals involved extending the notice required for Member Council to withdraw from the Convention or for a Motion to remove an Office Bearer and provision for executive groups and short-life task groups to develop policy initiatives.

It was agreed to recommend that the Comhairle support the proposals of Council Leaders regarding amendments to the Constitution of COSLA, subject to the required period of notice to withdraw from Membership remaining at 12 months.

COMMITTEES

Committee Decision Reports

39*

The Decision Reports from Service Committees were submitted as summarised below. Unless otherwise indicated, the Committee noted the Committee Decision Reports.

(a) Arts and Leisure Committee - 28 August 2001

(b) Housing Committee - 28 August 2001

(c) Education Committee - 28 August 2001

(d) Environmental Services - 29 August 2001

(e) Transportation Committee - 29 August 2001

In respect of Item 13 of the Decision Report it was agreed to recommend that the Comhairle seek as late a ferry departure as possible from Ullapool on Saturday evenings and continues to press Caledonian MacBrayne Ltd that overnight services be freight priority and not freight only.

(f) Development Services Committee - 29 August 2001

(g) Social Work Committee - 30 August 2001

___

PRESENT	Mr Roderick J Murray (Chairman)
	Mr Norman L Macdonald (Vice-Chairman)	Mr Angus Campbell
	Mr Alexander A Macdonald	Mrs Morag Munro
	Mr Norman A Macdonald	Mr Donald Maclean
	Mr Angus Nicolson	Mrs Mary Bremner
	Mr Alasdair G Macrae	Mr Donald Manford

		PERSONNEL
Establishment of Recycling Posts	23*	The Director for Sustainable Communities submitted a Report regarding proposals to establish a post of Recycling Plant Operator based at the Bennadrove Landfill Site and a post of Site Operative at the Bennadrove Landfill Site. The Report also proposed the dis-establishment of the post of Relief Site Operative at Bennadrove. Details of the proposals were set out in the Report, together with job descriptions for the new posts.
		It was agreed that the Director for Sustainable Communities be authorised to: (1) establish a post of Recycling Plant Operator based at the Bennadrove Landfill Site; (2) dis-establish the post of Relief Site Operative; and (3) establish a post of Site Operative based at the Bennadrove Landfill Site.
Employment Support: Training Assistant	24*	The Director for Sustainable Communities submitted a Report regarding proposals to establish an additional half-time post of Training Assistant within the European and Development Services Section of the Department, and to offer the post to the present member of staff whose fixed term contract was due to end in October 2001. Details of the proposals were set out in the Report, together with a job description for the post.
		It was agreed that the Director for Sustainable Communities be authorised to: (1) establish a half-time post of Training Assistant within the European and Development Services Section on a salary scale of APII; and (2) offer the half-time post of Training Assistant to the staff member already in post.
Establishment of Technician Post	25	The Director for Sustainable Communities submitted a Report setting out proposals to establish a post of Technician within European and Development Services Section of the Department. Details of the proposal were set out in the Report, together with a job description for the post.
		It was agreed that the Director for Sustainable Communities be authorised to establish a post of Technician, European and Development Services, Grade TECH 2/3, subject to consultations with the Director of Corporate Services and the Chief Executive regarding the interface of the post with the IT Section within the Corporate Services Department.
Establishment of Principal Officer Post: - Sport and Fitness	26	The Director for Sustainable Communities submitted a Report regarding proposals to establish a post of Principal Officer - Sport and Fitness within the Arts and Leisure Section of the Department. Details of the proposal were set out in the Report, together with a job description for the post. It was noted that the post would be filled from within the existing sports facility/sports development services and the successful candidate's post would be disestablished in its present form.
		It was agreed that: (1) the Director for Sustainable Communities be authorised to establish a post of Principal Officer - Sport and fitness, on pay scale PO1-8; (2) competition for the post be restricted to the current establishment within the sports facilities and sports development; and (3) the successful candidate's existing substantive post be disestablished following the appointment to the new post of Principle Officer.
Establishment of Post of Café Supervisor, Pointers Drop in Centre	27	The Director for Sustainable Communities submitted a Report regarding proposals to establish a post of Café Supervisor at Pointers Drop in Centre, Lite Bite Café on a fixed term contract. Details of the proposal were set out in the Report, together with a job description for the post.
		It was agreed that the Director for Sustainable Communities be authorised to establish a post of Café Supervisor at the Pointers Drop in Centre, Lite Bite Café.
Lewis and Harris New Community School Project: Establishment of Posts	28	The Director of Education submitted a Report regarding proposals to establish 3.5 FTE full service co-ordinators and a post of Administrative Assistant on a fixed term basis for the Lewis and Harris New Community Schools Project. Details of the proposal were set out in the Report, together with job descriptions for the posts. It was agreed that the Director of Education be authorised to establish the following posts on a fixed term basis to 31 March 2004:
		(1) Full-service Co-ordinator (3.5 FTE), grade PO1-3; (2) Administrative Assistant, Grade AP1
Establishment of Post: Dining Room Supervisor, Sgoil nan Loch	29	The Director of Education submitted a Report regarding proposals to establish a post of Dining Room Supervisor at Sgoil nan Loch. Details of the proposal were set out in the Report. It was agreed that the Director of Education be authorised to establish a post of Dining Room Supervisor at Sgoil nan Loch at 5 hours per week (Grade MW1) on a term time only basis and that the post be offered on a job-share basis to the School Clerical Assistant and School Classroom Assistant.
Establishment of Post of Nursery Nurse (Special Needs)	30	The Director of Education submitted a Report seeking homologation of a decision to establish a post of Nursery Nurse (Special Needs) for the period August 2001 to June 2002. The background to the matter was set out in the Report.
		It was agreed to homologate the action of the Director of Education in establishing the post of Nursery Nurse (Special Needs) for the period August 2001 to June 2002.
Establishment of Posts: Education Service	31	The Director of Education submitted a Report regarding proposals to establish a post of Portable Appliance Tester and a post of Regional Service Technician within the Education Service. Details of the proposal were set out in the Report, together with job descriptions for the posts.
		It was agreed that the Director of Education be authorised to establish the following posts: (1) Regional Service Technician (TECH 3); (2) Portable Appliance Tester (Grade subject to Job Evaluation)
Establishment of Post of Shared Care Facilitator: (Substance Misuse)	32	The Director of Social Work Submitted a Report regarding proposals to establish a post of Shared Care Facilitator (Substance Misuse). Details of the proposal were set out in the Report, together with a job description for the posts. It was agreed that the Director of Social Work be authorised to establish a post of Shared Care Facilitator (Substance Misuse), Social Worker Grade for a fixed term of 3 years.
		It was agreed the public, including the press, be excluded from the meeting during consideration of items 106 and 107 below on the grounds that exempt information as defined in paragraph 1 of part 1 of schedule 7A of Local Government (Scotland) 1973 would be disclosed, namely, information relating to a particular employee, former employee or applicant to become an employee, or a particular office holder or former office holder, or applicant to become an office holder under the Comhairle would be disclosed.
Appointment to the Post of Temporary Clerical Assistant, Education	33	The Director of Corporate Services submitted a Report indicating that Ms Marion Susan Cooper had been appointed to the post of temporary Clerical Assistant within the Education Department. It was noted that Ms Cooper was the daughter of Mr James L McArthur, Member for the North Benbecula Ward. It was agreed to homologate the appointment of Ms Marion Susan Cooper to the post of temporary Clerical Assistant, Education.
Appointment to Fixed Term Post of Nursery Nurse (Special Needs)	34	The Director of Corporate Services submitted a Report indicating that Miss Sandra Dodson had been appointed to the fixed term post of Nursery Nurse (Special Needs). Miss Dodson was the niece of a member of the Comhairle. It was agreed to homologate the appointment of Miss Sandra Dodson to the fixed term post of Nursery Nurse (Special Needs).
Applications for the Release of Posts	35	The Chief Executive submitted a Report detailing the applications submitted for release of post for the period ended 6 August 2001 and setting out the decision relating to each post. It was agreed to note the Report.
		It was agreed that 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 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, a particular officer holder or former officer holder, or applicant to become an office holder under the Comhairle.
Acquired Rights Directive 77/187: Transfer of Undertakings (Protection of Employment) Regulations 1981	36*	The Director of Technical Services and Director of Corporate Services submitted a Joint Report regarding a number of issues arising from the Acquired Rights Directive 77/187 and Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) relating to the tendering for the Building Maintenance Term Contract. It was stated that in order to afford the maximum possible level of employment protection to the workforce, the matter required to be considered and addressed in the tender documents. It was stated that the issue requiring consideration related to depots, vehicles, plant, woodworking etc machinery, portable/hand tools and materials in stores. Details of these issues were set out in the Report. It was noted that in terms of Regulation 5 of the TUPE Regulations, all rights and obligations under a contract of employment would pass automatically from the transferor to the transferee and that any person employed on the contract immediately prior to the date of transfer would transfer in terms of these Regulations should the Building Maintenance DSO fail to secure the contract. Comments on the operation of the Regulations were set out in the Report.
		It was agreed:
		(1) that the Committee does not exercise its delegation in respect of the matters raised; (2) to recommend to the Policy and Finance Committee that for the purposes of performing the 2002-2006 Building Maintenance Term Contract: (a) depot facilities at Marybank, Tarbert, Market Stance and Castlebay should be made available on a shared basis to any external contractor, to the extent that they are currently occupied by Building Maintenance DSO; (b) the leases of vehicles currently being used by the Building Maintenance DSO would be permitted to be assigned on terms to be determined by the Director of Contract Services; (c) non-leased vehicles and plant, portable and hand tools, currently used by the Building Maintenance DSO would be made available for purchase by an external contractor on the basis of a priced inventory; (d) building materials held in stock would be made available for purchase by an external contractor. The basis of valuation should be the latest invoice amount or such other basis and may be determined by the Director of Finance; and (3) to note the TUPE position as set out in the Report.
		SPECIFIC ISSUES
Public and Local Holidays 2002	37	The Director of Corporate Services submitted a Report regarding the proposed Public and Local Holidays in 2002. Appended to the Report was the draft year planner for 2002 showing Public and Local Holidays and the proposed dates for meetings during the year.
		It was agreed to recommend: (1) approval of the pattern of Committee and Comhairle Meetings and the proposed Public and Local Holidays as detailed in the appendices to the Report by the Director of Corporate Services; and (2) that the Director of Corporate Services be authorised in consultation with the Convener, the Vice-Convener and the Chief Executive, to make any necessary changes to the pattern of meetings within any Series in light of experience and the practical requirements of managing the Comhairle's business.
		The Chairman ruled in terms of the Standing Order 8 that the following item be considered as a matter of urgency to enable the Comhairle to respond to a consultation by a deadline date which fell before the next scheduled meeting of the Committee and the Comhairle.
COSLA: Amendments to Constitution	38*	The Director of Corporate Services submitted a Report regarding changes proposed to the Constitution of COSLA. Details of the proposed changes were appended to the Report, together with a commentary on each change. It was noted that the main proposals involved extending the notice required for Member Council to withdraw from the Convention or for a Motion to remove an Office Bearer and provision for executive groups and short-life task groups to develop policy initiatives.
		It was agreed to recommend that the Comhairle support the proposals of Council Leaders regarding amendments to the Constitution of COSLA, subject to the required period of notice to withdraw from Membership remaining at 12 months.
		COMMITTEES
Committee Decision Reports	39*	The Decision Reports from Service Committees were submitted as summarised below. Unless otherwise indicated, the Committee noted the Committee Decision Reports.
		(a) Arts and Leisure Committee - 28 August 2001 (b) Housing Committee - 28 August 2001 (c) Education Committee - 28 August 2001 (d) Environmental Services - 29 August 2001 (e) Transportation Committee - 29 August 2001
		In respect of Item 13 of the Decision Report it was agreed to recommend that the Comhairle seek as late a ferry departure as possible from Ullapool on Saturday evenings and continues to press Caledonian MacBrayne Ltd that overnight services be freight priority and not freight only.
		(f) Development Services Committee - 29 August 2001 (g) Social Work Committee - 30 August 2001
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