• Agenda

Minutes of Meeting of the Transport, Environmental and Community Services Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 16 May 2013 at 10.30am.

Present:

Mr D Alston, Mr R Balfour, Mr B Barclay, Mr A Baxter, Mr B Clark, Dr I Cockburn, Mr N Donald, Mr M Finlayson, Mr A Graham, Mr R Greene, Mr D Hendry, Mr B Lobban, Mrs L MacDonald, Ms A MacLean, Mr K MacLeod, Mr H Morrison, Mr G Phillips, Mr M Rattray, Mr J Rosie, Mr R Saxon (substitute), Ms M Smith

Non-Members also present:

Mrs I Campbell, Mr R Laird, Mr D Mackay, Dr A Sinclair, Mr J Stone

In attendance:

Mr N Gillies, Director of Transport, Environmental and Community Services
Dr C Clark, Head of Waste Management
Mr R Guest, Head of Roads and Community Works
Mr S MacNaughton, Head of Transport and Infrastructure
Mr M Mitchell, Finance Manager
Mr A Yates, Environmental Health Manager
Mr G Robb, Trading Standards Manager
Mr C Howell, Project Design Unit Manager
Mr G Smith, Principal Engineer
Mr I Souter, Rural & Community Transport Officer
Mr B Edwards, Senior Transport Officer
Miss M Fraser, Business Support Officer
Miss J Maclennan, Principal Administrator, Chief Executive’s Office
Mrs F MacBain, Committee Administrator, Chief Executive’s Office
Mrs R Daly, Committee Administrator, Chief Executive’s Office

Also in attendance:

Mr D Taylor, URS (Consulting)

An asterisk in the margin denotes a recommendation to the Council.  All decisions with no marking in the margin are delegated to Committee.

Mr G Phillips in the Chair

Business

Preliminaries

Prior to the commencement of formal business, the Chair extended his condolences on behalf of the Committee to Mr B Murphy’s family for their recent bereavement.

In relation to the recent traffic delays in Fort William during works on the A82, the Chair informed Members that this issue would be raised directly with BEAR and Transport Scotland.

Continuing, he also welcomed the announcement by Keith Brown MSP, Minister for Transport and Veterans, on the duelling of the A96, particularly with regard to the planned bypass of Nairn.

1. Apologies for Absence
    Leisgeulan

Apologies for absence were intimated on behalf of Mr A Henderson, Mrs B McAllister, Mr B Murphy, Mr A Rhind and Mrs F Robertson (Substitute).

2. Declarations of Interest
    Foillseachaidhean Com-pàirt

The Committee NOTED the following declarations of interest:-

Item 9 – Mr R Saxon (non-financial)
Item 13 – Mr R Balfour (non-financial)

3. Revenue Budget – Monitoring 2013/14
    Buidseat Teachd-a-steach – Sgrùdadh 2013/14

There had been circulated Report No TEC 36-13 (52kb pdf) dated 7 May 2013 by the Director of Transport, Environmental and Community Services setting out the revenue monitoring position for the period 1 April to 30 April 2013 and the projected year-end position. Based on the financial performance to date, it was predicted that the budget as a whole would be balanced at the end of the financial year. The 2012/13 financial year closedown was on-going and Final Accounts would be presented to the Council meeting on 27 June 2013. It was also expected that Near Final summary figures would be reported to the Finance, Housing & Resources Committee on 5 June 2013 and the detail for Transport, Environmental and Community Services would be reported to the next meeting of the Committee.

The Committee NOTED the report and the attached monitoring statements which showed the revenue position for the period 1 April to 30 April 2013.

4. Capital Expenditure - Monitoring 2013/14
    Caiteachas Calpa – Sgrùdadh 2013/14

There had been circulated Report No TEC 37-13 (258kb pdf) dated 7 May 2013 by the Director of Transport, Environmental and Community Services summarising the capital expenditure monitoring position for the period 1 April to 30 April 2013 and the projected year end position. The projected outturns for expenditure and income were £26.230m and £2.100m respectively leading to a balanced programme.

The Committee NOTED the report and the attached monitoring statements which showed the capital expenditure position for the period 1 April to 30 April 2013.

5. Update on Storm Damage
    Cunntas as Ùr mu Mhilleadh Stoirm

There had been circulated Report No TEC 38-13 (87kb pdf) dated 2 May 2013 by the Director of Transport, Environmental and Community Services updating Members on progress in relation to the repairs to the damage which occurred to harbours and coastal structures during the storm surge on 14/15 December 2012.

Slides were shown of some of the repairs that had been undertaken in Glospie, Portgover, Portmahomack, Balintore and Nairn, with details of work that remained to be finalised.

Several Members praised the speed with which the Council had dealt with the damage inflicted by the storm and commended the staff involved.  Reference was made to the value of the harbour network and it was confirmed that a joint project was being considered with the Planning and Development Service to develop the harbour network for tourism, especially yachting tourism which was thought to have great potential for the Highlands.

In response to questions from Members, it was confirmed that:-

• detail on the reported emergency works in Scabster – East Gills would be reported to Mr R Saxon; and
• early engagement had taken place with the Scottish Government with regard to financial assistance, including an application to the Bellwin Scheme. Unfortunately these specific works did not qualify for the Bellwin Scheme, however the Scottish Government provided £150k to assist with the repairs to Balintore and Portmahomack harbours. 

The Committee:-

i. NOTED the progress made to repair the damage to Council harbour facilities
   and coast defence structures;
ii. NOTED that a further report providing details of final costs would be
   submitted to a future Transport, Environmental and Community Services
   Committee;
iii. NOTED that the Council continued to provide advice and support to
   privately owned facilities which had been affected by the storm surge; and
iv. AGREED that information regarding the emergency works which had taken
    place at East Gills be provided to Mr R Saxon.

6. A890 Stromeferry Bypass – Outcome of Stage 1 Options Appraisal
    A890 Seach-rathad Phort an t-Sròim – Toradh Measadh
    Roghainnean Ìre 1

There had been circulated Report No TEC 39-13 (8785kb pdf) dated 2 May 2013 by the Director of Transport, Environmental and Community Services updating Members on the outcome of Stage 1 of the Options Appraisal for the Stromeferry Bypass and inviting Members to approve that the 9 routes, as detailed in the report, were taken forward to Stage 2 of the Options Appraisal.

A presentation was given on the progress to date of the Options Appraisal process for a new route, using the Strategic Transport Assessment Guidelines (STAG).  Following the establishment of Stakeholder Groups (economic and regulatory) and scheme objectives, 31 possible routes had initially been identified, of which 14 had been discounted for failing to satisfy scheme objectives, and the remaining 17 had been investigated and had been subject to public consultation.  Following on from this, 9 routes were now being recommended to be taken forward to Stage 2 Options Appraisal and these were outlined.

During discussion, Members welcomed the progress that had been made, given the short timescales involved and the importance of the road to local communities, particularly to people travelling to and from work and secondary school. The Stage 1 Options Appraisal meeting in Lochcarron on 27 April 2013 had been well attended and it was hoped that any future similar event would be held on the Lochalsh side as well as in Lochcarron.  The project represented a major challenge for the Council but it had been fully committed to in the Council’s programme, helped by the early public engagement that had been undertaken.

In response to questions, it was explained that:-

• safety checks on the road had been carried out on a regular basis and this would continue until a long-term solution was identified and in place; and
• the Stage 2 Options Appraisal was due to be completed by April 2014 when the outcomes would be reported back to the Committee.

The Committee:-

i. APPROVED that the 9 routes, as detailed in the report, were taken forward
   to Stage 2 of the Options Appraisal;
ii. AGREED that any public meeting held as part of the Stage 2 consultation
   be held on the Lochalsh side as well as in Lochcarron; and
iii. NOTED that Stage 2 of the Options Appraisal was programmed to be
   completed in the spring of 2014.

7. Distribution of Road Maintenance Budget – 2013/14
    Riarachadh Buidseat Cumail Suas Rathaidean – 2013/14

There had been circulated Report No TEC 40-13 (59kb pdf) dated 3 May 2013 by the Director of Transport, Environmental and Community Services inviting Members to approve the distribution of the Roads Maintenance Budgets for 2013/14 between the three Operational Areas, including the allocation of the additional £2m towards road maintenance, as agreed as part of the Revenue Budget, on the basis of need, with details contained in Appendix A of the report.  In this regard, there was tabled an amended Appendix A with corrected totals.

During a summary, it was confirmed that the Road Asset Management system and the road condition survey had both already been introduced and consideration of distribution of the Road Maintenance Budget was the third step towards achieving the Council Programme commitment of improving the road maintenance allocation system and spending preventatively on roads according to need.  Particularly attention was drawn to drainage – a key issue in terms of roads maintenance and it was appropriate to take action to deal with stretches of road where this was a problem.

During discussion, Members raised the following issues:-

• it might be beneficial to consider purchasing appropriate machinery for clearing culverts and drains, particularly machinery that could be used by single operators, as the current use of heavy machinery in some rural areas involved significant travel times;
• there had been issues relating to the poor quality and durability of road surfacing dressing in Sutherland and it was hoped that this would not be repeated;  
• road maintenance was a particularly important issue for Wards and communities, however, there was no reference to the decision of the Council to welcome bids into the Strategic Change and Development Fund on Roads up to £1m;
• the enormity of the challenge to fund the necessary road maintenance was well recognised.  An illustration of the scale of the task was, in Lochaber alone, structural repairs amounted to some £4m of Capital funding;
• a plea was made to ensure that white lining on roads was replaced – this was a safety measure which was significantly important not just for local users but particularly for tourists;
• there were many safety issues associated with the requirement to carry out road resurfacing and it was not clear how soon this might be commenced – many advisory 20mph signs had now been in situ for almost a year and many white lines had been obliterated and could not be replaced because resurfacing work needed to be carried out; and
• it was unclear whether ditch clearing would be done in-house or when this might be undertaken.  Given the scale of the problem and the length to which many farming constituents had gone to try to rectify this problem for themselves, it seemed unrealistic to expect that this could be done without the assistance of outside contractors – this should be considered in the context of preventative spend.

Responding to these comments, it was confirmed that the issue of road surfacing in Caithness and Sutherland had been investigated and a report on this matter was to be considered at the next meeting of the Area Committee.  Success of surface dressing was dependent on a number of factors which were detailed.  Action was presently underway to address this and discussions would be held with ROADEX to ascertain lessons to be learned from Nordic countries, which had similar climatic conditions that could be applied to the northernmost part of the Highland Council area.

Regarding the budget history for this area of responsibility, the situation had been difficult for the last 20 years and it was important therefore to be realistic as to how much progress could be made.  It was confirmed that the process for dealing with the Strategic Change and Development Fund was intended to be reported to the Council meeting in June.  A Programme for this was already being worked up for the Transport, Environmental and Community Services Committee and it might be beneficial to offer a briefing for Members on this.

It was confirmed that weather conditions would enable white lining work to be recommenced over the summer months.  In terms of ditch clearing, consideration needed to be given to internal workforce availability and budget resources to determine whether this would be carried out internally or if external contractors would be required.  The Chairman undertook to discuss this in more detail with the Member who had raised concerns.

The Committee APPROVED the distribution of the Roads Maintenance Budgets for 2013/14 between the three Operational Areas, including the allocation of the additional £2m towards road maintenance, as agreed as part of the Revenue Budget, on the basis of need, with details contained in the amended Appendix of the report.

The Committee also AGREED that a Business Case should be prepared to examine the advantages of using small excavators for drainage maintenance.

8. Review of the Winter Maintenance Service
    Ath-sgrùdadh air Seirbheis Gleidhidh a’ Gheamhraidh

There had been circulated Report No TEC 41-13 (162kb pdf)  dated 2 May 2013 by the Director of Transport, Environmental and Community Services updating Members on the review of the winter maintenance service and setting out proposals for enhancing the current level of service.

During discussion, Members welcomed the report and raised the following issues:-

• it was encouraging to see that better access for schools in bad weather had been given priority;
• it was welcomed that many Community Councils had engaged with the self-reliance programme which would enable them to enhance and add to the Council’s services – it was the duty of Councillors to be advocates for this scheme and make it as accessible as possible;
• the additional treatment that had been given to areas around sheltered housing schemes was appreciated;  
• the suggestion to purchase standby maintenance vehicles was a prudent measure, particularly as the existing fleet was no longer new.  Regarding the maintenance of snow ploughs, it was suggested that external contractors be brought in earlier to ensure a high level of maintenance was carried out before the winter months started;
• the proposal for a tracking system was particularly welcome, as was the proposal to reduce the number of Priorities in the Policy from 4 to 3;
• priority for lifeline roads was encouraged.   With routes 4 and 3 being combined this could be assisted by measures such as salt spread;
• it might have been a mistake to withdraw service to the Torridon/Diabeg area and it was hoped that this could be reinstated;
• blade width and depth for snow ploughs required further consideration appropriate for the road being treated.  In some circumstances it might be cheaper to replace blade rubbers than to treat roads with additional salt;
• there could be benefit in relaxing the policy regarding provision of grit/salt bins in some rural areas;
• it was unclear what proportion of school routes were treated before 8am – this was a particular issue for rural areas where school journey times were longer;
• also in rural areas, traffic in evenings was minimal and, therefore, it was felt an earlier morning treatment would be more beneficial.  In this regard, it was suggested that a trial of treatment from 5am-8am might indicate whether this would prove successful;
• it was hoped that a report could be brought back to the Committee in September detailing responses from community groups to promote the community self-help scheme;
• there was merit in considering gritting on Sundays.  This was particularly important for certain road users who worked on Sundays or who had to drive in emergency circumstances;
• the issue of clearing school car parks was also raised and it was queried whether there might be any provision from the Education, Culture and Sport Service to ensure that school car parks were cleared, perhaps through external contractors; and
• it was requested that a report be brought back to the Committee in due course outlining the full benefits of information gathered through vehicle tracking.

Responding to comments made, it was confirmed that a report would be brought to the Committee in due course on the responses from community groups to promote the community self-help scheme.   Detailed information would also be provided relating to the proportion of school routes treated before 8am.  Attention too was drawn to the fact that many schools closed during the winter had been closed as a result of failed heating systems and not due to road conditions. However, work was currently underway with the Education, Culture and Sport Service to ensure that school car parks were cleared.

The 9pm finish related to when Priority 1 evening treatments were carried out and it might cause operational difficulties to establish a mixed start time to road treatment.  However, within the limits of Drivers’ Hours Regulations, this could be given consideration.  It was confirmed that Sunday working had been considered although it was important to acknowledge that to formally introduce this would mean significantly more drivers would be required.  Of course, in emergency situations road clearing would always take place. 

The Committee:-

i. APPROVED that the following enhancements be made to the current
   winter maintenance service:-

a. engage with communities well before the start of next winter to promote
    the community self-help scheme with a report to Committee on the
    responses from community groups in September;
b. provide 3 spare winter maintenance vehicles (one per Operational Area);
c. continue to use local contractors to provide additional resources to assist
    with snow clearing;
d. formalise the arrangements for the treatment of footpaths in sheltered
    housing schemes;
e. continue to ensure that Grit Bins are kept full;
f.  reduce the number of Priorities in the Winter Maintenance Policy from 4 to
    3, and carry out a comprehensive review of routes to identify those routes
    which should be re-classified as Priority 1 (while the majority of the existing
    Priority 2 routes should be considered for re-classification to Priority 1, other
    difficult routes should also be considered, however the overall length of
    route to be reclassified as Priority 1 should not exceed a level which
    requires additional drivers or vehicles);

ii. APPROVED that the Service explore options to contain the additional costs
   associated with 8 (i) above within the overall Transport, Environmental and
   Community Services budget;
iii. APPROVED that the Winter Maintenance Policy was updated to take
   account of the changes set out in the report and that the revised policy
   was taken to the Transport, Environmental and Community Services
   Committee in August for approval;
iv. AGREED to provide Mr A Baxter with information detailing the percentage
   of schools whose routes which were normally treated before 8 a.m.;
v. AGREED to investigate the possibility of providing a 5 a.m. start for the
   treatment of rural routes, taking into account operational factors including
   the need to adhere to The Driver’s Hours Regulations; and
vi. AGREED that a report be brought back to a future Committee on the
    benefits of vehicle tracking.

9. Review of Bulky Uplift Service
    Ath-sgrùdadh air Seirbheis Togail Nithean Troma

Declaration of Interest:

Mr R Saxon declared a non-financial interest in this item on the grounds of being the Chair of Homeaid - Caithness and Sutherland, but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude his involvement in the discussion.

There had been circulated Report No TEC 42-13 (120kb pdf) dated 3 May 2013 by the Director of Transport, Environmental and Community Services updating Members on the review of the Bulky Uplift Service and inviting Members to approve that work was undertaken to strengthen the message in relation to the services offered by the Council’s Social Enterprise Partners, who offered a free collection service for items which could be re-used, and that the Council worked with the Social Enterprise Partners to examine opportunities to carry out both re-use and reprocessing within the Highlands.

During a summary of the report, attention was drawn to the lack of evidence of a link between the introduction of charges for bulky uplifts and incidences of fly-tipping, with reports of fly-tipping decreasing steadily from 2,458 in 2009, when bulky uplift charges were introduced, to 1,098 in 2012-13.  Considerable benefits in terms of employment, volunteering, training and support had been provided by the various Social Enterprise Partners, which received significant levels of funding from the Council, with the exception of ILM which had now reached the position where it was self-financing.

During discussion, Members praised the work of the Social Enterprise Partners and raised the following issues:-

• many incidences of fly-tipping were from commercial activities, rather than households, and enforcement action against this was welcomed; and
• ILM were providing a valuable service to local communities, both in supporting those on lower incomes and in providing employment.  In addition to collecting, recycling and delivering refurbished electrical items, it was hoped that their service might be extended to on-site repairs.

In response to a question from Members, it was explained that consideration would be given to helping elderly or disabled people in rural areas to take goods for bulky uplifts to the designated collection point, similar to the help that was available to elderly or disabled people with waste and recycling collections.

The Committee APPROVED:-

i. that work was undertaken to strengthen the message in relation to the
   services offered by the Council’s Social Enterprise Partners who offered free
   collection services for items which could be re-used;
ii. that the Council work with the Social Enterprise Partners to examine
   opportunities to carry out both re-use and reprocessing within the
   Highlands; and
iii. that consideration be given to the provision of support for elderly or
   disabled people in rural areas to take goods for bulky uplifts to the
   designated collection point.

10. Zero Tolerance on Litter/Maximum Civic Participation
      Fulangas do Neoni a thaobh Sgudal / An Com-pàirteachas
      Catharra as Motha

There had been circulated Report No TEC 43-13 (91kb pdf)  dated 3 May 2013 by the Director of Transport, Environmental and Community Services inviting Members to approve a number of measures, including extending the powers of Community Wardens to issue fines, to support a Zero Tolerance approach to litter.

A summary was given of the theory behind a Zero Tolerance approach, which had originated in America in the early 1980s and suggested that if minor crime or incivilities such as litter or dog fouling were left unchecked, this would lead to a gradual deterioration of order and social decay.  These offences should be given as much attention as more serious ones to encourage a sense of community and wellbeing which could have wide-ranging and positive implications for society as a whole.

As additional enforcement would prove difficult with the current level of resources, additional staff had been identified in the report who could be authorised to issue Fixed Penalty Notices (FPNs) under the Antisocial Behaviour etc (Scotland) Act 2004.  These included Community Wardens, of which there were 9, and Countryside Rangers, of which there were 26.  However, even with these additional resources, enforcement action was not likely to meet public expectation and a calendar of enforcement days was proposed, where efforts would be concentrated in individual locations.

For the Zero Tolerance approach to be effective, civic participation was considered vital and the Council should ensure the message was conveyed to the wider public for their compliance and support.

During discussion, Members welcomed the adoption of the Zero Tolerance approach, citing the negative economic impact of antisocial behaviour such as littering, fly-tipping and dog fouling.  Support was voiced for the authorisation of additional staff to issue FPNs as well as the move towards enforcement but it was suggested that this should be in addition to on-going education, not instead of it.  Other points made included:-

• the Core Path Network should be included as part of the proposed Litter Control Areas, using the Countryside Rangers for enforcement;
• the Community Warden in Lochaber was praised for his dedication to combatting litter, over and above his contracted working hours, with Members emphasising the importance of recognising staff who excelled;
• the public were urged to report offenders to the Council and should be made aware of the link between the cost to the Council of dealing with littering, fly-tipping and dog fouling, and the level of Council Tax;
• given the suggestion that Council tenancy agreements had the potential to be used to effect behavioural change, it was important that the Council ensured communal areas of Council properties were maintained to the correct standard to encourage tenants to feel a sense of pride and community;
• although the majority of offenders in relation to littering were Highland residents, some visitors also required on-going education;
• continued negotiation with schools and supermarkets were vital to combat littering, as was the re-education of some dog owners in relation to fouling;
• it was important to avoid blaming young people for littering as offenders were of all ages;
• enforcement action against fly-tipping was problematic as fly-tipping was often undertaken during the night and in remote locations.  However, it was sometimes possible to identify the offender from the content of the waste.  Possible solutions to fly-tipping included signs in areas where fly-tipping was prevalent warning of the possible sanctions, the restriction of vehicular access to certain areas and increasing public knowledge of what could be disposed of at Recycling Centres free of charge;
• consideration should be given to appropriate signage against dog fouling at schools and play parks given the serious health implications;
• reduced Police presence on the streets and the loss of village officers had both affected street cleanliness; and
• sea borne litter was of concern for coastal areas.

In response to questions from Members, it was explained that:-

• the main difference between littering and fly-tipping related to the quantity of material involved and to the sanctions that could be imposed, with some fly-tipping offences having environmental and public health implications that could lead to heavy fines or custodial sentences.  A useful definition of litter was ‘waste in the wrong place’;
• if a wider range of Council employees were to be authorised to issue FPNs, this could have a budgetary implication in terms of training;
• FPNs could be issued to children under the age of 16 but the effectiveness of this and the minimum age would have to be investigated;
• in instances where litter could be traced to a business, a Street Litter Control Notice could be issued which made the owner responsible for keeping the front and sides of the business premises clear of litter.  However, public pathways could not be included;
• roadside collection of litter was of considerable danger to the staff involved and this message should be conveyed to the public to help prevent people throwing waste out of moving vehicles; and
• if individuals or businesses could be identified through litter or fly-tipped waste, the Council could issue a warning letter, which might be sufficient to prevent re-offending.

The Committee APPROVED the following to support a Zero Tolerance approach to littering:-

i. the definition and approach to “zero tolerance” as described in the report
   would be carried out with a degree of discretion;
ii. additional staff would be authorised to enforce the law relating to litter and
   fly-tipping;
iii. Waste Management and Environmental Health staff carry out joint
   enforcement days;
iv. the preparation and publication of a calendar of enforcement days on the
   Council website;
v. the Council encouraged and supported local communities to organise events
   aimed at keeping their communities free of litter and improving the overall
   environment;

and AGREED:-

vi. given the associated health issues of dog fouling, to consider appropriate
    signage at schools and play parks; and
vii. that the minimum age at which Fixed Penalty Notices could be given be
    investigated.

The meeting adjourned for lunch from 1.00pm and resumed at 1.50pm

11. Consultation on New Food Safety Body for Scotland
      Co-chomhairle mu Bhuidheann Ùr Sàbhailteachd Bìdh airson na h-
      Alba

There had been circulated Report No TEC 44-13 (151kb pdf) dated 3 May 2013 by the Director of Transport, Environmental and Community Services inviting Members to approve the Council’s response to the Scottish Government’s consultation on “A Healthier Scotland: Consultation on Creating a New Food Body” and the Food Standard Agency Consultation on “New Proposed Enabling Primary Food and Feed Legislation Provisions”.

During a summary of the report, it was confirmed that the current horsemeat scandal had highlighted the importance of having a single independent public body with clear responsibility for all aspects of food safety and standards.  The Scottish Government wished to establish a new Food Body for Scotland and had consulted on its role, on which responses had been sought by 22 May 2013.  In parallel to this, the Food Standards Agency has issued a 12-week consultation proposing the establishment of three new legal powers for possible inclusion in the New Food Body Bill.

During discussion, Members welcomed the consultations and supported the proposed responses, particularly in relation to the question of whether the new food body should take on any roles and responsibilities not currently fulfilled by the FSA in Scotland and expressed their support for Local Authorities retaining their existing responsibilities.

The Committee APPROVED the Council’s response to:-

i. the Scottish Government’s consultation on creating a new Food Safety Body
   for Scotland, as contained in Appendix A of the report; and
ii. the Food Standard Agency consultation on New Proposed Enabling Primary
   Food and Feed Legislation Provisions, as contained in Appendix B of the
   report.

12. Audit Scotland - Protecting Consumers
      Sgrùdadh Alba - A’ Dìon Luchd-cleachdaidh

There had been circulated Report No TEC 45-13 (166kb pdf) dated 3 May 2013 by the Director of Transport, Environmental and Community Services inviting Members to note the publication of the report prepared by Audit Scotland for the Accounts Committee titled “Protecting Consumers” and to consider the report’s recommendations, the questions for Councils contained in the report and, in the light of developments since the report’s preparation, what steps Highland Council now needed to take to address the report’s findings.

During a summary of the report, it was confirmed that in relation to the Food Safety function, the main finding of significance to the Highland Council was concern expressed on workforce succession planning.  As part of the Council’s workforce planning review, a revised student Environmental Health Officer policy had been prepared. One significant change related to the removal of the post qualifying 6 month employment limit with the Council to ensure students could be retained by the Council and available for any appropriate vacancies.

Relating to Trading Standards, the audit report made clear the importance of having an effective Trading Standards Service in place and concluded that the long term viability of Council’s Trading Standards Services were under threat; Trading Standards services lacked national standards and priorities and had no national system of performance reporting.  Councils were nonetheless rightly targeting their resources at the highest risk areas and reducing work on the lowest risks.  The key recommendations for Councils and for COSLA were reproduced in Appendix 1 to the report.

The current situation in Highland was not considered to reflect the worst of Audit Scotland’s findings on a national scale.  However, to ensure that the provision of Trading Standards services in Highland remained protected, the report’s findings needed to be taken into account.  Once a clear improvement plan had emerged through the work being done by CoSLA, Local Authorities could then address the problems identified.

During discussion, Members welcomed the report and drew attention to the good proactive work undertaken by Trading Standards over the last year of which the Council was very proud.

The proposals for succession planning were particularly welcomed.  In this regard, as the University of the West of Scotland and Strathclyde University were the only organisations offering degree courses in Environmental Health, it was suggested that the potential to provide academic Environmental Health courses could be explored with the University of the Highlands and Islands.

The Committee:-

i. NOTED the conclusions and recommendations made in the Audit Scotland –
   “Protecting Consumers” Report;
ii. NOTED how these conclusions and recommendations were considered to
   apply to the Highland Council’s Environmental Health and Trading Standards
   service and what the COSLA Task Group and Trading Standards Scotland
   were currently doing to address the situation;
iii. AGREED to delay making any decision on taking any action to address the
   issues raised until it became clear from the work of COSLA and the Scottish
   Government, what individual councils were being asked to do;
iv. APPROVED the Student Environmental Health Officer policy; and
v. AGREED to explore, with the University of the Highlands and Islands, the
   possibility of providing academic Environmental Health courses.

13. Review of Community Transport
      Ath-sgrùdadh air Còmhdhail Coimhearsnachd

Declaration of Interest:

Mr R Balfour declared a non-financial interest in this item as the Chairman of the Inverness and Nairn Transport Forum and the Ardersier, Petty, Croy and Culloden Moor Transport Association but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude his involvement in the discussion.

There had been circulated Report No TEC 46-13 (57kb pdf) dated 3 May 2013 by the Director of Transport, Environmental and Community Services inviting Members to approve the scope of the review of Community Transport, as agreed by the Transport, Environmental and Community Services Committee on 17 January 2013, and to approve that the Council worked with Robert Gordon University to carry out a research project which would develop a pilot scheme in a community that suffered from the negative impacts of poor connectivity.

During a summary of the report it was confirmed that the review of Community Transport would invite views from a range of stakeholders.  The review would also take account of the inquiry being held by the Scottish Parliament’s Infrastructure and Capital Investment Committee into Community Transport.  The main issues which the review would cover were also highlighted and it was confirmed that an update would be reported to the Committee in September 2013.

Reference was also made to the approach made by Robert Gordon University to carry out a research project in a remote rural community to explore possible cost-effective options to address the negative effect on sustainability and economic viability from lack of access to public or community transport experienced by these communities.  The community of Glenelg had been chosen for the pilot scheme.

During discussion, Members welcomed the proposed review and raised the following issues:-

• the review was long-overdue, was crucial to the sustainability of rural communities and the scope of the review was particularly welcomed;
• it was essential to consider this matter beyond the Transport, Environmental and Community Services budget and draw in assistance from organisations such as the NHS and the Scottish Ambulance Service;
• it was hoped that Community Transport companies could be kept informed of the Glenelg review to be carried out by Robert Gordon University; and
• it was understood that the Red Cross might also be interested in participating in the review.

The Committee:-

i. APPROVED the scope of the review of Community Transport, as set out in
   the report;
ii. APPROVED that the Council worked with Robert Gordon University to carry
   out a research project which would develop a pilot scheme in a community
   that suffered from the negative impacts of poor connectivity; and
iii. NOTED that an update on the review of Community Transport and the
   Research Project to develop a pilot scheme in a community that suffered
   from the negative impacts of poor connectivity would be reported to the
   Transport, Environmental and Community Services Committee in September
   2013.

14. Strategic Consultation on Works on Scottish Roads 
      Co-chomhairle Ro-innleachdail mu Obraichean air Rathaidean na h-
      Alba

There had been circulated Report No TEC 47-13 (214kb pdf) dated 2 May 2013 by the Director of Transport, Environmental and Community Services inviting Members to approve the Council’s response to the consultation which the Minister for Transport and Veterans had tasked the Scottish Road Works Commissioner to consider as part of the Scottish Roads Maintenance Review.

Most of the issues in the consultation related to amendments to the New Roads and Streetworks Act 1991, as modified by the Transport (Scotland) Act 2005, with the key issues being as follows:-

• the introduction of a levy on public utility companies, to offset the cost to roads authorities of making good long term damage to roads caused by utility excavations;
• an increase in the period following resurfacing in which road authorities could impose restrictions on utility excavations;
• an increase in the length of time for which utilities had to guarantee their reinstatements;
• the introduction of lane rental schemes so that utilities were charged for the length of time road works took to complete;
• fines for sub-standard reinstatements and inadequate signing and guarding;
• an increase in the level of penalties the Commissioner could impose on both utilities and road authorities;
• making digital record keeping mandatory; and
• permitting road authorities to place an embargo on utility works on specified dates.

A summary of some of the points from the Council’s proposed response was provided, as follows:-

• the increased road surface guarantee period from two years to five-six years was supported;
• the lane rental scheme was supported but should be extended to all roads, not only busy urban roads;
• the mandatory keeping of digital records was not supported given the budget pressure this would create; and
• embargos on utility works on certain dates was supported as at present the avoidance of this relied on negotiation.

In addition, it was recommended that any revenue arising from fines imposed on Utility Companies as a result of this legislation be ringfenced by local authorities for road maintenance.

In response to questions from Members, it was explained that:-

• a closer working relationship had been developed between Utility Companies and the Council and local meetings were now held at which the Utility Companies provided timetables of planned works.  In addition, there was a statutory notification process with which they had to comply and for which penalties could be imposed for non-compliance;
• the length of time for which work could be prevented on a newly resurfaced road was proposed to be increased from one year to three;
• representation had been made by the Council to Transport Scotland about road works which had been undertaken during the busy summer period on the A9 and which could have affected the tourist industry in the Highlands.  It was explained that Perth and Kinross Council had been consulted on the works, as it was in their area, but an assurance had been received that, in future, neighbouring local authorities affected by road works would also be consulted; and
• the implementation of daily lane rental for road works might help to avoid the situation where a private householder opened up a road for the installation of, for example, a septic tank, then had to wait for Scottish Water or SEPA to undertake their part of the process.

The Committee APPROVED the Council’s response to the strategic Consultation on Works in Scottish Roads, as set out in Appendix A of the report, subject to any fines arising being ringfenced for road maintenance.

15. Internal Audit Reports
      Aithisgean In-Sgrùdaidh

There had been circulated Report No TEC 48-13 (722kb pdf) dated 3 May 2013 by the Director of Transport, Environmental and Community Services updating Members on the status of the Audit Report Action Plans in relation to the Audit Reports presented to the Audit and Scrutiny Committee on 28 March 2013.

Following a summary of the report, in which the Head of Waste Management and his team were commended for their performance, Members were provided with an explanation for the three outstanding actions in relation to car parking collections, all of which were on track to be completed by June 2013 and were detailed in the appended Action Plan.  In relation to the Administration of Fuel Cards, it was pointed out that anomalies had arisen due to the use of two systems by two Services and work was on-going with the Finance Service to resolve these, including putting additional controls in place to record mileage and review the number of petrol cans being carried by vehicles.

The Committee NOTED the status of the Audit Report Action Plans in relation to the Audit Reports presented to the Audit and Scrutiny Committee on 28 March 2013.

16. Cycling, Walking and Safer Streets Programme
      Prògram Rothaireachd, Coiseachd agus Sràidean nas

The Committee NOTED that, in terms of Standing Order 17.2, the Chairman had decided that an additional item of business not specified on the agenda, relating to a Safer Routes to School Project for Kiltearn Primary, should be considered at the meeting as a matter of urgency in view of the need to progress the project as quickly as possible.

There had been circulated Report No TEC 49-13 (44kb pdf) dated 3 May 2013 by the Director of Transport, Environmental and Community Services, together with an amended Appendix, inviting Members to approve the projects delivered through the Scottish Government funding for Cycling, Walking and Safer Streets for the areas out with Inverness and Caithness and Sutherland.

Local Members welcomed the proposed work on a route to Plockton Primary and High Schools and praised the efforts of the local Parent Council to further this, especially for the children who lived on the new Burnside development and who had to cross the bridge.  Members urged officers to take walking routes to school into consideration when they were consulted on planning applications, pointing out that an opportunity to seek funding for safety improvements when permission for the Burnside development had been granted had been missed.  Local Members also praised the late addition of urgent work on the route to Kiltearn Primary School.

The Committee:-

i. APPROVED the Safer Routes to School Projects as listed in amended
   Appendix 1 of the report; and
ii. NOTED that the Road Safety Team would continue to work with schools to
   develop further Safer Routes to School Projects for future years.

17. 20mph Speed Limit Avoch
      Casg Astair 20 mìle san uair

There had been circulated Report No TEC 50-13 (481kb pdf) dated 4 May 2013 by the Director of Transport, Environmental and Community Services inviting Members to approve the 20mph speed limit within the village of Avoch in accordance with the Draft Road Traffic Order (DRTO) entitled The Highland Council (Avoch Village) (20mph Speed Limit) Order 2013. One objection had been received in response to the DRTO.

Following a summary of the report and the unresolved objection, Members spoke in favour of the recommendation to proceed with the implementation of a 20mph speed limit within Avoch, similar to other settlements on the Black Isle.  They pointed out that the difference in the chances of a fatality from a pedestrian being hit at 20pmh rather than 30mph was significant and that the time difference to drive the length of Avoch High Street at 20mph instead of 30 mph was minimal.

The Committee APPROVED the 20mph speed limit in Avoch in accordance with the Draft Road Traffic Order entitled The Highland Council (Avoch Village) (20mph Speed Limit) Order 2013.

18. Proposed Amendments and Adoptions to the List of Roads
      (Kinmylies   Road and Lawers Way, Inverness) 
      Atharrachaidhean is Gabhail Ri a Thathar a’ Moladh a thaobh
      Liosta nan Rathaidean – Rathad Cheann a’ Mhìlidh is eile

There had been circulated Report No TEC 51-13 (1334kb pdf)  dated 29 April 2013 by the Director of Transport, Environmental and Community Services inviting Members to approve the amended road descriptions of Kinmylies Road and to approve the adoption of (a) the underpass, access ramps and steps to General Booth Road as part of Kinmylies Road and (b) a footpath on Lawers Way, subject to there being no unresolved objections after the consultation process.

The Committee APPROVED:-

i. the adoption as a Cycle Track (footpath/cyclepath), the access ramps, steps
   and underpass to General Booth Road, as detailed in Appendix A of the
   report, subject to there being no unresolved objections after the
   consultation process;
ii. the re-determination of the section of Kinmylies Road, as detailed in
   Appendix C of the report, as a Cycle Track (Footpath/Cyclepath); and
iii. the adoption of the footpath on Lawers Way fronting numbers 32 to 38, as
   outlined in Appendix E of the report, subject to there being no unresolved
   objections after the consultation process.

19. Membership of Fishery Harbours Management Group
      Ballrachd de Stiùireadh Chalachan Iasgaich

Following changes to the Transport, Environmental and Community Services Committee membership, as agreed by the Highland Council on 9 May 2013, the Committee NOTED the revised membership of the Fishery Harbours Management Group as follows:-

Mr H Fraser (Independent)
Mr R Greene (Independent)
Mr A Henderson (Independent)
Mr H Morrison (Independent)
Mr I Cockburn (SNP)
Mr G Phillips (SNP)
Ms M Smith (SNP)
Mr M Rattray (Lib Dem)
Mr B Murphy (Labour)

20. Minutes
      Geàrr-chunntas

The Committee APPROVED the minutes of the Fishery Harbours Management Board of 18 April 2013 (57kb pdf).

The meeting concluded at 2.55pm.