Minutes of Meeting of the Transport, Environmental and Community Services Committee held in the Council Chambers, Council Headquarters, Glenurquhart Road, Inverness on Thursday 17 August 2006 at 10:30am.
Present
Mr C King, Mr J H Green, Mr G M Smith, Mr W A Mowat, Mr S Mackay, Mrs A M Magee, Mr W J Ross, Mr A Rhind, Mr J Connell, Mr R MacIntyre, Mr E C Mackinnon, Mr D Chisholm, Mrs A MacLean, Mr B Barclay, Mr J Laing, Mr A M Millar, Mr W Fulton, Mr S J Shiels, Mr J Ford, Mr R Balfour, Mr R Lyon, Mr D R Henderson, Mr N A Donald, Mr R Wynd, Mr F D S Black, Mr T MacLennan, Mr M E M Foxely, Mr B J Murphy
Non-Members also present:
Mr A Anderson, Mr D Briggs, Mrs I McCallum, Mr J MacDonald, Mr A Milne, Mrs G McCreath, Mrs O Macdonald
Officials in attendance:
Mr A Dodds, Director of Corporate Services
Mr N Gillies, Head of Roads and Community Works
Mr S MacNaughton, Head of Transport and Infrastructure
Ms T Snow, Head of Business Support
Mr N MacKenzie, Head of Trading Standards
Dr C Clark, Head of Waste Management
Mr M Mitchell, Finance Manager
Mr A Thomson, Head of Environmental Health
Mr D Summers, Transport Development Officer, TEC Services
Mrs G Bain, Senior Animal Health Officer, TEC Services
Mrs M Fraser, Senior Administrative Assistant, TEC Services
Mr J Allison, Principal Administrator, Corporate Services
Miss V Rushton, Administrative Assistant, Corporate Services
Mr C King in the Chair
Preliminaries
1. Apologies for Absence
Apologies for absence had been submitted from Mr D R Munro; Mr A MacDonald and Mrs L MacDonald.
The Chairman referred to the recent death of Mrs Mary McLauchlan, Director of TEC Services and paid tribute to her. He commended Mrs McLauchlan for all that she had achieved in the four years she worked with the Council. Despite not having any engineering or local government experience, through her ability and aptitude she had quickly learnt all the technical aspects of running a service such as TEC. He continued that through cancer the Council had lost a lovely and well respected lady who had fought illness as she had approached everything in life, with determination and courage, and condolences had been expressed to her family in their loss.
The Chairman also informed Members that Councillor D R Munro was still in hospital and best wishes had been sent to him and his family on behalf of the Committee.
2. Recess Powers
The Committee NOTED that the recess powers granted by the Council at its meeting on 29 June 2006, had not been exercised in relation to the business of the Transport, Environmental and Community Services Committee.
3. Highland Home Safety Liaison Group – Membership
Following the death of Mrs M A MacLennan a vacancy had arisen on the Highland Home Safety Liaison Group. The Group considered matters relating to improving safety in the home for Highland communities. The other Council Member of the Group was Councillor J Ford and Members were invited to appoint a Member as a representative of the Council to fill this vacancy, however it was felt that the successful candidate in the recent by-election might wish to consider the position.
The Committee AGREED to delegate to the Director of Corporate Services to discuss with Councillor D Henderson his appointment to the Highland Home Safety Liaison Group, subject to confirmation of his membership of the TEC Committee.
4. Revenue Budget Outturn Report 2005/2006
There had been circulated Report No TEC 58/06 by the Director of Transport, Environmental and Community Services which informed Members of the Service outturn for the year ended 31 March 2006. The report highlighted that the outturn showed an overspend of £0.635 million (1.2%) out of a net budget of £52.609 million and details of the Service activities were shown in the monitoring statement and Appendices.
It was highlighted to Members that heavy snowfall in late March had caused the overspend in road maintenance. However, TEC Services had achieved a breakeven position with all trading accounts meeting their statutory obligations.
The Committee NOTED the report and the attached schedules showing the revenue monitoring position for the year ended 31 March 2006.
5. Revenue Budget Monitoring Report 1 April to 30 June 2006
There had been circulated Report No TEC 59/06 by the Director of Transport, Environmental and Community Services which set out the revenue monitoring position for the period to 30 June 2006 and the projected year end position.
In response to questions it was explained that the jobcard system was now working and assessment of data would identify Budget pressures more easily. A report detailing the effect of the implementation of the new system would be submitted to the next Committee on 28 September 2006.
The Committee NOTED the report as well as the attached schedules showing the revenue monitoring position for the period to 30 June 2006.
6. Revised Revenue Budget 2006/2007
There had been circulated Report No TEC 60/06 by the Director of Transport, Environmental and Community Services which sought approval for the revised Revenue Budget for financial year 2006/2007.
In response to questions from Members, it was highlighted that it was for Areas to decide how to distribute their budget allocations. Members commentated that in reference to verge cutting and grounds maintenance, work did not seem to be prioritised effectively and particularly on a daily basis in response to external factors. The Head of Roads and Community Works undertook to discuss and clarify the matter with the appropriate members of staff.
The Committee AGREED:
i. the Revised Revenue Budget for 2006/2007 and the proposed distribution by function and Area as outlined at Appendices 1 and 2 of the report; and
ii. that the Head of Roads and Community Works discuss prioritisation of grounds maintenance activities with Area Community Works Managers.
7. Capital Programme Outturn - 2005/2006
There had been circulated Report No TEC 61/06 by the Director of Transport, Environmental and Community Services which summarised the final capital expenditure position for the 2005/06 financial year.
During discussion the following points were made:
· there were several transport infrastructure projects across the Highlands that required investment in order to sustain the current population growth;
· upgrades to the Berridale Braes; ensuring the A9 was a complete dual carriageway and the Inverness Trunk Road Link were all projects considered to be important;
· as an independent Council, Members should be lobbying all political parties for commitments to include infrastructure projects in the Highlands as part of their manifestos in the run up to Elections in May 2007;
· commitment and ambition were required for long term projects;
· credit was given to the Small Isles Project which had shown how successful a long term project could be achieved; and
· it was felt that development of a variety of infrastructure solutions across the Highlands was needed, but a clear economic assessment was required in order to secure funding and investment for such projects.
The Committee:
i. NOTED the final capital expenditure position for the year ended 31 March 2006; and
ii. AGREED that a document be prepared for the use of Members detailing the strategic roads and transport infrastructure needs of the Highlands.
8. Capital Expenditure Monitoring – 1 April to 30 June 2006
There had been circulated Report No TEC 62/06 by the Director of Transport, Environmental and Community Services which summarised the capital expenditure monitoring position for the period to 30 June 2006 and the projected year end position.
Members commented on the conflicting information available to the public concerning coastal and flood prevention schemes. The public needed to be kept informed of how projects were progressing. Members were informed that while new projects were not being added to the capital programme, the issue was being addressed given the threat of flooding and storm damage to some communities.
The Committee:
i. NOTED the capital expenditure monitoring position;
ii. AGREED that Members be kept informed of progress of coastal and flood prevention schemes and that consideration be given to the capital allocation for these works, during forthcoming consideration of the capital plan.
9. Updated Service Plan 2006-2009
There had been circulated Report No TEC 63/06 by the Director of Transport, Environmental and Community Services which introduced the draft Service Plan 2006 to 2009 which had been updated to take account of the Audit of Best Value Improvement Plan and changes to the Council’s Corporate Plan. The Plan would be further updated at a later date to incorporate the Council’s commitment to Carbon Management.
The Committee APPROVED the Service Plan for 2006 to 2009.
10. Performance Management: Statutory Performance Indicators & Internal Performance Indicators
There had been circulated Report No TEC 64/06 by the Director of Transport, Environmental and Community Services which provided details of the Services’ performance as measured by Statutory Performance Indicators and Internal Performance Indicators, during the financial year 2005/2006 (unaudited).
The cost of refuse collection showed a 40% increase on the previous year’s figures, due to the increasing costs of refuse disposal. Members felt that despite the limitations placed upon services due to budget pressures, street cleaning and refuse collection were important issues for the public and therefore the issue should be addressed.
In response to questions it was explained that following funding from the Strategic Waste Fund, it was hoped that household recycling facilities would be in place for central Inverness by Autumn 2006, with a roll out to Ross and Cromarty soon afterwards.
The Committee NOTED the performance of Transport, Environmental and Community Services in relation to Service activities that were measured by Statutory Performance Indicators and Internal Performance Indicators.
11. Water Environment (Controlled Activities) Regulations 2005 – Charging Scheme
There had been circulated Report No TEC 65/06 by the Director of Transport, Environmental and Community Services which updated Members on the outcome of the consultation by the Scottish Executive on the proposed charging scheme for the authorisation of engineering activities under the Water Environment (Controlled Activities) Regulations 2005 (CAR).
Members were informed that few councils had responded to the consultation despite the impact of the regulations on local authorities across Scotland. However the Council’s response to the consultation had had a positive influence in that fewer activities would be regulated than originally proposed by SEPA. There would nevertheless still be pressures on the revenue and capital budgets as a result of the implementation of the CAR Scheme of Charges.
During discussion Members felt that representations should be made to the Scottish Executive highlighting the impact of the charging scheme giving examples of the costs involved. Similarly, comment was made on the need to stress the unnecessary duplication of many reporting and monitoring assessments required by government each year that utilised valuable time and resources.
The Committee:
i. NOTED that the Council’s response to the Scottish Executive appeared to have had a positive influence on the list of controlled activities to be regulated;
ii. NOTED that there would be pressures on the revenue and capital budgets depending on the number and complexity of controlled activities in particular works and projects; and
iii. AGREED to make representations to the Scottish Executive on the impact of the Charging Scheme, giving examples of the costs involved.
12. Scottish Road Maintenance Condition Survey – 2005/06
There had been circulated Report No TEC 66/06 by the Director of Transport, Environmental and Community Services which updated Members on the results of the Scottish Road Maintenance Condition Survey carried out in 2005/06.
Highland had been placed 8 out of 31 local authorities, with the Shetland Islands at the top of the table. While Highland had done well in the assessment, year on year comparisons could only be made for the A class road network, 100% of which was surveyed each year. The results for Highland showed a steady improvement over the past 3 years. Members questioned the accuracy of the assessment commentating that the reported improvements were not apparent in their area. It was explained that the assessments of B, C and U Class roads were obtained from a smaller sample of roads each year. Therefore a single year’s data did not give an accurate assessment of the change in the condition of road surface. To remove this anomaly, a two year rolling average was to be introduced.
The Committee NOTED the results of the 2005/06 survey.
13. Award of Public Transport Contracts
There had been circulated Report No TEC 67/06 by the Director of Transport, Environmental and Community Services which advised Members on the outcome of the recent tendering exercise for subsidised bus and taxi services for the 5 years from 2007 to 2011.
Members congratulated Transport Officers on the detail of work undertaken and for ensuring that as many transport routes as possible were maintained.
During discussion, and in response to questions, the following points were made:
· that the vehicle specification in the conditions of contract had been enhanced and guidelines had been added on what were acceptable and expected standards within a contract;
· contracts would be monitored to ensure firms were fulfilling their commitments;
· schools and transport providers would be reminded of their responsibility to ensure, sufficient seats were available and that there were adequate resources to ensure standards and safety regulations were being adhered to in all areas;
· that the public should be made aware of the public transport routes were subsidised by the Council and of the effort made to operate as many services as possible; and
· should further funding become available from the Rural Transport Fund, the enhancement of the services currently provided should be considered.
The Committee:
i. AGREED to award the contracts for subsidised bus and taxi services in accordance with the recommendations contained in Appendix A to the report;
ii. AGREED that steps be taken to ensure that transport providers adhered to their conditions of contract especially in regard to vehicle standards; and
iii. NOTED that should additional funds be made available, enhancements of certain services should be considered.
14. Cycle Infrastructure Projects
There had been circulated Report No TEC 68/06 by the Director of Transport, Environmental and Community Services which detailed the proposals for the allocation of the 2006/2007 capital budget for cycling infrastructure included in the TEC Services Capital Programme.
Members felt that that a presentation should be made to a future Committee providing information on current cycle routes future projects for routes across the Highlands.
The Committee AGREED:
i. to approve the list of cycling infrastructure projects listed in paragraph 2.1 of the report, with phasing into 2007/2008 as detailed in paragraph 2.2 of the report; and
ii. that a presentation be made to a future Committee detailing Cycle projects and pathways available in the Highland area.
15. A851 Broadford to Armadale Road Improvements - Phase 5
There had been circulated Report No TEC 69/06 by the Director of Transport, Environmental and Community Services which sought Members approval for the Award of Tender for the A851 Broadford to Armadale Road Improvement Scheme – Phase 5A Duisdale to Duisdalemore.
Although the tender amount was higher than the original estimates, it was stressed that as the scheme was part funded by a European Grant. It was therefore important that the project was completed to retain this funding. A future request for European funding would be affected if the project was not completed. Members felt it would be useful to be informed, how the completion of the scheme was to be funded and the effect it would have on the capital programme.
The Committee APPROVED the Award of Tender for Phase 5A (Duisdale to Duisdalemore) of the A851 Broadford to Armadale to contractors R J McLeod Ltd.
16. Update on North of Scotland Strategic Options Review
There had been circulated Report No TEC 70/06 by the Director of Transport, Environmental and Community Services which informed Members of the work of the North of Scotland Strategic Review (NOSSOR) Group.
It was explained that it had been agreed by the Scottish Executive that as the preferred scenario of the Strategic Outline Case was based on a two centre solution, it would be useful to look at options for a split in NOSSOR with two separate proposals. Highland would work alongside Moray Council and details were presented to the Committee of a high level action plan which it was proposed to submit to the Scottish Executive’s Scottish Waste Management Review Panel on 25 August 2006.
Members expressed their support for the proposed presentation and were of the view that further reports would be submitted to the Committee on how the plan would be implemented.
The Committee
i. NOTED the progress made to date in relation to NOSSOR; and
ii. AGREED the Committee’s support be given to the presentation of a high level action to the Scottish Executive’s Scottish Waste Management Review Panel on 25 August 2006, based on the proposals outlined in paragraph 4.5 of the report regarding waste disposal and recycling in the Council’s area.
17. Consultation on Regulations of Sunbed Parlours Bill
There had been circulated Report No TEC 71/06 by the Director of Transport, Environmental and Community Services which advised Members of the Consultation on the regulation of Sunbed Parlours Bill which was being promoted by Kenneth Macintosh MSP.
Members commented that sunbed parlours in the Highland area were currently licensed and the contents of the consultation were in line with the Council’s reasons for adopting its licensing scheme.
The Committee NOTED the contents of the report and HOMOLOGATED the Council’s response to the consultation.
18. Consultation on Welfare of Animals During Transportation
There had been circulated Report No TEC 72/06 by the Director of Transport, Environmental and Community Services which updated Members on the consultation in relation to EU measures relating to welfare of the implications of animals during transportation and the amendments and possible derogations that the Scottish Executive European and Rural Affairs Department (SEERAD) could apply.
Members expressed concern at the impact the legislation would have on the Highland area given its rural geography. Long travel distances were common for animals to reach market and were a necessary part of animal rearing without having a detrimental effect on the health of the animals. The economics of livestock haulage were already under pressure in the Highlands and some hauliers had already indicated that they would not upgrade vehicles to meet the regulations but would cease trading.
Following questions, it was stressed to Members that the consultation period had closed and the regulations had come into effect. However, Members felt that further representations should be made to the Scottish Executive stressing the need for additional derogations on issues such as transportation distances. A meeting with officials from Brussels and other organisations should be sought in the Highlands to demonstrate the detrimental effect the legislation would have on the rural economy.
The Committee:
i. NOTED the contents of the report;
ii. HOMOLOGATED the Council’s Response to the Consultation which supported the proposals for the selected use of derogations in the Welfare of Animals During Transport Regulations and deferred application of ramp angles of vehicles;
iii. AGREED that representations be made to the Scottish Executive, seeking further derogations regarding travel distances; providing examples of how the legislation would effect the haulage industry in the Highlands and of the economic viability of crofters and other hill farm units and with evidence of there being no adverse impact on animal welfare during longer transport distances;
iv. AGREED to request a meeting be held in the Highlands, with officials from Brussels and other organisations, to highlight the impact of such measures on a rural environment.
19. Private Water Supplies
There had been circulated Report No TEC 73/06 by the Director of Transport, Environmental and Community Services which outlined the duties placed on the Council from the Private Water Supplies (Scotland) Regulations 2006, the associated proposed charging scheme, and the provisions of the Private Water Supplies (Grants) (Scotland) Regulations.
During discussion the following points were made:
· the legislation affected a large number of residents in the Highlands due the number of rural, tourist based communities;
· although a grant of up to £800 per premises was available, this was disproportionate to the cost of upgrading a water supply; and
· charges for the sampling, analysis and risk assessment only covered the costs of the services provided.
The Committee:
i. NOTED the contents of the report ;
ii. AGREED to the proposed charges set out in Section 3 of the report; and
iii. AGREED further representations be made regarding the effect on rural, tourist based, communities and detailing the insufficiency of the available grant.
20. Children and Young Persons (Protection from Tobacco) Act 1991
There had been circulated Report No TEC 74/06 by the Director of Transport, Environmental and Community Services which summarised that the Council must consider at least every twelve months, a programme of enforcement action under the Children and Young Persons (Protection from Tobacco) Act 1991.
The Committee APPROVED the following practical enforcement policy for 2006/2007 in relation to the Children and Young Persons (Protection from Tobacco) Act 1991:
a. to investigate as a matter of priority any allegations of the illegal sale of cigarettes to children with a view to reporting prima facie offences to the Procurator Fiscal;
b. to liaise closely with officers from Northern Constabulary in the investigation of premises suspected of the illegal sale of cigarettes to children;
c. to liaise closely with schools, ECS and NHS Highland officers to ensure an integrated approach; and
d. to advise retailers during routine enforcement visits, of all the requirements of the legislation; and
e. to carry out test purchasing of age restricted products, including tobacco, utilising the deployment of young volunteers, including participation in the Scottish national age restricted sales project.
21. Taxi/ Private Hire Cars (PHC) Enforcement – 1st Quarter 2006/2007
Mr N Donald declared a financial interest in this item and item 23 as a taxi driver/owner and left the room for the items concerned.
There had been circulated Report No TEC 75/06 by the Director of Transport, Environmental and Community Services which advised Members of the level of pro-active inspections and enforcement activity carried out by Trading Standards during the first quarter of 2006/2007, in respect of Taxi’s and Private Hire Cars (PHCs) licensed by the Council under the terms of the Civic Government (Scotland) Act 1982. The report included the names and details of those license holders found to be non-compliant from 1 April to 30 June 2006.
The Committee NOTED the current level of pro-active inspections and enforcement activity carried out by Trading standards in respect of Taxi’s and PHCs licensed by the Council under the terms of the Civic Government (Scotland) Act 1982.
22. Civic Government (Scotland) Act 1982 – Licensing of Skin Piercing and Tattooing
There had been circulated Report No TEC 76/06 by the Director of Corporate Services which updated Members on the implementation of the licensing requirement for skin piercing and tattooing which was mandatory and had come into effect on 1 April 2006. The report highlighted the difficulties with the application of the statutory conditions and recommended that Area Committees and Officers defer determining relevant applications until the outcome of a review of the conditions being undertaken by the Scottish Executive was known.
The Committee AGREED that any relevant applications that came before Committees or officers be recommended for deferral pending the Scottish Executive’s review of conditions relating to skin piercing/tattooing.
23. Taxi Fares: Outcome of Consultation
There had been circulated Report No TEC 77/06 by the Director of Corporate Services which advised the Committee of the recommendation of the Civic Government Licensing Working Group of 8 August 2006, following its consideration of the responses received to the public advertisement of the proposed revised scale of the maximum fares that could be charged by taxis and private hire cars fitted with taxi meters.
Members were informed that four representations had been received and they had presented a variety of arguments both for and against any adjustment to the taxi tariff. However most wanted to see the tariff higher than had been proposed citing a need to address rising motoring costs. A copy of the proposed revised tariff had also been provided to Members for consideration.
During discussion, it was explained to Members that following the Committee’s decision, letters would be sent to consultees from the taxi trade and to individual operators informing them of the revised tariff, following which they had 14 days to appeal to the Traffic Commissioner. It was felt that the date for the introduction of the revised tariff should be Monday 18 September 2006, which would meet the period of notice required by the legislation and allow sufficient time for operators to install new taxi meter chips.
The Committee AGREED:
i. the fare structure as detailed in Appendix 1 to the report; and
ii. the introduction of any revised tariff be no earlier than Monday 18 September 2006.
24. Office of Fair Trading and Local Authority Trading Standards Service – Programme of Joint Action
There had been circulated Report No TEC 78/06 by the Director of Transport, Environmental and Community Services which advised Members of the Office of Fair Trading (OFT) programme to shape joint action between the local authority Trading Standards Services (TSS), which identified strategic and operational actions and outcomes to help deliver national and local priorities.
The Committee :
i. NOTED the contents of the report; and
ii. AGREED to support the enhanced role of the Office of Fair Trading as Champion of Trading Standards Service.
25. Minutes
There were NOTED or APPROVED as appropriate Minutes of the:-
i. Highland Cylce Forum of 6 June 2006;
ii. Fishery Harbour Management Board meeting of 22 June 2006; and
iii. Civic Government Licensing Working Group of 8 August 2006.
The meeting closed at 12:50pm.