ITEM NOSI + 6DI N BVRG H+ THE CITY OF EDINBURGH COUNCIL
Committee Minutes
The City of Edinburgh Council Year 200412005 Meeting 4 - Thursday 16 September 2004 Edinburgh, 16 September 2004 - At a meeting of The City of Edinburgh Council
Present:- Lord Provost The Right Honourable Lesley Hinds Councillors Elaine Aitken Jim Lowrie Rev Ewan Aitken Gordon Mackenzie Robert C Aldridge Kate MacKenzie Donald Anderson Fred Mackintosh Phil Attridge Marilyne A MacLaren Ian J Berry Elizabeth Maginn is Andrew Burns Lawrence Marshall Robert Cairns Mark Mclnnes Stephen Cardownie Eric Milligan Maureen M Child Gordon J Munro Bill Cunningham Ian Murray Trevor Davies Jack O’Donnell Jennifer A Dawe Liz O’Malley Michael P Dixon Alastair Paisley Paul G Edie Ian Perry Edward B Fallon Thomas V Ponton James Gilchrist Frank K Russell Sheila Gilmore Andrew A Scobbie George Grubb Lorna Shiels The Hon David Guest Kingsley E F Thomas Kenneth Harrold Marjorie Thomas Ricky Henderson Susan B Tritton George A Hunter David J Walker Allan G Jackson Phil Wheeler Shami Khan lain Whyte Douglas J Kerr Chris Wigglesworth Allan Laing Donald Wilson John Longstaff 2
The City of Edinburgh Council 16 September 2004
1 Licensing of Taxis - Proposed Amendment to Conditions of Fitness for Taxis
(a) Deputations
Requests for deputations on the proposal to amend the Conditions of Fitness for Taxis in Edinburgh had been received from:
i) CABforce ii) Edinburgh Hackney Cab Trade Credit Union iii) Central Radio Taxis iv) Scottish Taxi Federation VI London Taxis International vi) Allied Vehicles Limited vii) Eric Barry (TGWU) viii) Bill Carr, Carrs & Coaches
Following advice from the Council Secretary that the requests had been withdrawn, with the exception of those from London Taxis International and Allied Vehicles Limited, the Council agreed not to hear them.
(Reference - e-mails (8) dated 10, 13, 14 and 15 September 2004, submitted .)
(b) Report by the Director of Corporate Services
The Council had continued consideration of the proposal by the Regulatory Committee to amend the taxi licensing conditions to remove the turning circle requirement in Condition 181 of the Council’s Licensing Conditions of Fitness for Taxis to this meeting for a review of the totality of current licensing conditions for taxis, based on the needs of taxi provision in the city and not on the needs of any particular make or model of vehicle.
The results of the review were detailed. London Taxis International and Allied Vehicles Limited had submitted comments on the proposals. Decision
To continue consideration of the matter to the next meeting of the Council on 14 October 2004.
(References - Act of Council No 3(c) of 24 June 2004; report no CEC/65/04-05/CS by the Director of Corporate Services; letters from London Taxi International 13 September 2004 and Allied Vehicles Limited 16 September 2004, submitted.) 3
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2 Brunstane/Lismore Primary Schools Amalgamation - Outcome of the Consultation Process
(a) Deputations
The Council agreed to hear deputations from the Lismore Parent Action Group and the Lismore Primary School Board on proposals for the amalgamation of Brunstane and Lismore Primary Schools on the Brunstane site.
Dr Gavin Strang, the local MP, raised three issues:
Lismore was a very good school which was achieving good results in an area of social deprivation and had the full support of the wider Bingham community. The Director of Education had also commended the school for its excellent achievements. The school was not unique in the city in having a small roll and hence smaller classes. The safety of pupils from Bingham using the pedestrian route to Brunstane Primary School.
Gail Ross asked members to “stand up and be counted” on this issue and consider the safety of children who would have to use the walkway along the Niddrie Burn to reach Brunstane. She believed that the closure of Lismore would be a big mistake as it would rip the heart out of the Bing ham community .
Phyllis Herriott said that Bingham was a deprived area which was in need of help and support. The Council should be proud of the area and the turnaround achieved by the school which had no truancy or excluded pupils. She referred to the police report which had highlighted the appalling safety record of the pedestrian route to Brunstane Primary. She emphasised that consultation entailed listening to people and urged members to vote with their conscience and maintain the status quo.
Ross Barron, an ex-pupil at Lismore Primary School, read a letter from his younger sister in support of the retention of the school.
Following questions from members the Lord Provost thanked the deputation for its presentation and invited it to remain for the debate on the matter. 4
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(b) Report by the Executive
The Executive had referred to the Council recommendations on proposals for the amalgamation of Brunstane and Lismore Primary Schools on the Brunstane site.
Motion
1) To acknowledge the very important role that Lismore School played in providing a focus for the life of the Bingham community and that this had been very effectively highlighted in the consultation process by the local community.
2) To acknowledge that the proposed amalgamation of Lismore and Brunstane Primary Schools, as recommended in the report (no E/144/04-05/ED) by the Director of Education/Director of Children and Families (Designate), would mean a painful and difficult process of change for those involved in both communities.
3) To amalgamate Brunstane and Lismore Primary Schools onto the Brunstane site from August 2005 in the best educational interests of the children of both Bingham and Magdalene communities.
4) To acknowledge the huge achievements made by both schools in attainment and other areas of school life but to recognise the consistency of the view that the optimum size for a primary school was a two stream school, i.e. - 14 classes, because of the benefits and opportunities a concentration of resources in a school of that size would bring.
5) To progress towards a two stream school in the way proposed would allow the release of resources to provide a school significantly refurbished and extended to meet the standards of a 21st century education service. It would also provide more resources targeted in one place (rather than two), meaning greater flexibility for the head teacher to provide more opportunities for the children affected by this change. These would include:
Two classes per year stage with more opportunities for staff to work together and support each other at each year stage bringing new and varied ways of teaching and learning. A larger devolved budget giving the head teacher a wider range of options in choosing priorities. More resources to purchase a wider range of one off pieces of equipment for use by the whole school. 5
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The opportunity to choose for example to have more classroom computers as well as a computer suite, to have a wider range of library books, more playground equipment, sports equipment etc. The opportunities to choose to have more specialists covering a wider range of activities. More staff without a teaching commitment to deal with management and support for class teachers, for example in discipline and behaviour issues. More non-teaching time for effective planning. A wider range of experience for staff to share, bringing greater flexibility in learning and teaching approaches to develop amongst staff. A wider range of skills amongst staff both teaching and support, to bring non-academic and extra curricular activity. In this case, average class sizes of 23 pupils compared to the Council commitment of 30 (PI-3) and 33 (P4-P7) and 25 in positive action areas. A roll and catchment that will provide a sustainable future at this level of resourcing .
To undertake improvement works at the Brunstane building, subject to a further report being submitted following discussion with the new school comm un ity .
To declare the Lismore site surplus to requirements and ringfence the capital receipt from its sale for improvements to the education estate.
To provide enhanced staffing for one year at the new school to assist the amalgamation process.
To introduce a new catchment area for the amalgamated school, based on the present Brunstane and Lismore catchment areas, from August 2005.
In recognising the commitment to reinvesting all the money generated by this process into the education estate, including the additional investment required for Bingham Community Centre, to instruct that a further report be presented outlining the developments at Bingham Community Centre which were required to deliver the community benefits currently provided by the school. 6
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To acknowledge that there had been real concerns expressed regarding the new routes chosen for the catchment to allow Lismore pupils to go to the Brunstane site.
To put in place the road improvements identified in the Director’s report prior to the amalgamation.
The main concerns had been about distance and safety:
The furthermost distance any child would have to walk is 1.I miles. There were around 20 primary schools where children travelled further distances and so whilst this was a change for some it was a manageable distance, especially with the kinds of support outlined in the Director’s report. In terms of safety, whilst there was no doubt that Duddingston Park South was busy, other roads that were significantly busier already formed routes to school across the city. Well managed, even busy roads can be part of a safe route to school. Thanks to the work of the Safer Routes to school team along with the Transport and Education Departments and Lothian and Borders Police, last year there were no child pedestrian fatalities on Edinburgh roads and significantly fewer accidents. That did not mean the Council was complacent and commitment had been made to provide an additional pelican crossing on Mountcastle Drive South along with other support such as walking and buses.
Following representations by local people and a number of Councillors walking the Niddrie Burn route, to receive a full report in two cycles on the lighting and other safety requirements including fencing and pathway reconstruction required to ensure the safety of the Niddrie Burn route.
To involve parents, police and community representatives in planning the safety requirements.
To request a report on whether the implementation of the residential 20 mile an hour programme for both Bingham and Magdalene be brought forward from 51 in the list to within the proposed 40 projects. 7
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17) Whilst providing the best education opportunities for the children in the area was the primary concern of the Director’s report (no Ell44/04-05/ED), to also recognise the importance of providing the necessary support and infrastructure that would meet the needs of the community once the schools were amalgamated, and to instruct the Chief Executive:
a) To undertake an audit and assessment of the present community facilities.
b) To consult with the Social Inclusion Partnership and local community about what services would be seen as priorities for all age groups, including significant physical expansion of the community centre and increased staffing. Services might include breakfast clubs, youth work for both primary and secondary age children, including potential for an all-weather sports facility, resources for 0-5 facilities, health provision, support for families, adult training and support, enhanced resources for older people. The report should also include other service areas not normally delivered through Community Education which were raised by the consultation.
c) To report back to the Executive in time for the next budget deliberations.
- moved by Councillor Rev Ewan Aitken, seconded by Councillor Child (on behalf of the Labour Group).
Amendment
In view of the importance of Lismore Primary School and its facilities to the local community and taking account of the increased hazards to children crossing a very busy road on their journey to Brunstane, to maintain the status quo for Lismore and Brunstane Primary Schools and to review the situation in autumn 2007.
- moved by Councillor Lowrie, seconded (on behalf of the Conservative Group) by Councillor Berry.
Voting
The requisite number of members having so required in terms of Standing Order 31(1), the vote was taken by calling the roll. 8
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The voting was as follows:
For the motion by Councillor Rev Ewan Aitken:
Lord Provost Hinds, Councillors Rev Ewan Aitken, Anderson, Attridge, Burns, Cairns, Cardownie, Child, Cunningham, Davies, Fallon, Gilmore, Harrold, Henderson, Shami Khan, Kerr, Maginnis, Milligan, Munro, Murray, O’Donnell, Perry, Russell, Scobbie, Kingsley Thomas and Wilson - 26.
For the amendment by Councillor Lowrie:
Councillors Elaine Aitken, Aldridge, Berry, Dawe, Dixon, Edie, Gilchrist, Grubb, The Hon David Guest, Hunter, Jackson, Laing, Longstaff, Lowrie, Gordon Mackenzie, Kate MacKenzie, Mackintosh, Mrs MacLaren, Mclnnes, O’Malley, Paisley, Ponton, Marjorie Thomas, Tritton, Walker, Wheeler and Whyte - 27.
Not voting
Councillors Marshall, Shiels and Wigglesworth - 3.
Decision
To approve the amendment by Councillor Lowrie.
(Reference - report no CEC/58/04-05/E by the Executive of the Council, submitted .)
3 ComistonlHunter’s Tryst Primary Schools Amalgamation - Outcome of the Consultation Process
(a) Deputation
The Council agreed to hear a deputation from parents of children at Hunter’s Tryst Primary School on proposals for the amalgamation of Comiston and Hunter’s Tryst Primary Schools on the Comiston site. The deputation had submitted a petition asking the Council to save Hunter’s Tryst Primary School.
Debbie Hadden, Sylvia Milne and Sarah McNuIty believed that the opinions they expressed during the consultation process had not been taken into account and they had not been given the opportunity to respond to the comments by the parents of children at Comiston Primary School. 9
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The deputation questioned whether the proposed amalgamation on the Comiston site was the best use of resources and whether the emotional wellbeing of the children, especially those with special needs, had been fully considered. The overspill from South Morningside Primary School was currently accommodated in temporary buildings at Comiston and playground space was limited. There were also concerns that children’s special educational needs were not being met at Comiston.
The deputation asked the Council to carry out a proper consultation, to respect and reflect the views of Hunter’s Tryst parents and to set out the plans and costings in greater detail before making a decision. They also asked the Council to consider the interests and wellbeing of the children at both schools and recognise the nature of the two different communities.
The Lord Provost thanked the deputation for its presentation and invited it to remain for the debate on the matter.
(Reference - e-mail dated 8 September 2004 and petition, submitted.)
Report by the Executive
The Executive had referred to the Council recommendations on proposals for the amalgamation of Comiston and Hunter’s Tryst Primary Schools on the Comiston site.
Decision
1) To amalgamate Comiston and Hunter’s Tryst Primary Schools onto the Comiston site from August 2005.
2) To undertake significant improvement/extension works at the Comiston building as outlined in the report (no E/142/04-05/ED) by the Director of Education/Director of Children and Families (Designate) subject to consideration of the further report on the ove ra II fin an cia I imp Iicatio ns.
3) To declare the Hunter’s Tryst site surplus to requirements and to ringfence the capital receipt from its sale for improvements to the education estate.
4) To provide enhanced staffing for one year at the new school to assist the amalgamation process.
5) To introduce a new catchment area for the amalgamated school, based on the present Comiston and Hunter’s Tryst catchment areas, from August 2005. 10
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6) To recommend the proposals to the First Minister for approval prior to implementation as required under Section 22B of the Education (Scotland) Act 1980, as amended.
(Reference - report no CEC/59/04-05/E by the Executive of the Council, submitted .)
4 West Edinburgh Busways (WEBS) - Objections to Traffic Regulation Orders
(a) Deputation
The Council agreed to hear a deputation from the Sighthill, Broomhouse and Parkhead Community Council on objections to the Traffic Regulation Orders associated with the West Edinburgh Busways (WEBS).
Keith Bell, Secretary of the Community Council, raised concern over the consultation process for the Traffic Regulation Orders in respect of the WEBS proposals.
Mr Bell asked the Council to delay the implementation of the Traffic Regulation Order in respect of the 24 hour bus lane on the south side of Bankhead Terrace between Bankhead Drive and Calder Road pending the outcome of the six month review.
The Lord Provost thanked the deputation for its presentation and invited it to remain for the debate on the matter.
(Reference - e-mail dated 10 September 2004, submitted.)
(b) Report by the Executive
The Executive had agreed to repel objections received following statutory consultation on the proposed implementation of Traffic Regulation Orders (TROs) relating to the West Edinburgh Busways proposals.
The decision had been called in to the Environmental Quality Scrutiny Panel. The Panel's decision to let the decision of the Executive be implemented and to make a further recommendation had been called up to the Council in terms of Standing Order 58(5). 11
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Motion
1) To accept tie’s recommendation to repel the outstanding objections to the scheme for the reasons given in the appendices to the reports (nos El109/04-05/CD and El110/04-05/CD) by the Director of City Developmen t .
2) To accept tie’s recommendation to make the Orders as advertised but with the following amendments applied:
a) delete the waiting, parking and loading restrictions on the south side of Bankhead Drive immediately in front of the car showroom and the Plot occupied by Transco as provided for under TRO/O3/38A; and
b) approve the introduction of traffic signals at Bankhead AvenueKalder Road roundabout as a mitigation measure.
3) To note that the Director of City Development would arrange for discussions with the Sighthill, Broomhouse and Parkhead Community Council to deal with issues that might arise as the Traffic Regulation Order was implemented.
4) To ask the Director of City Development to monitor the effects of the Traffic Regulation Orders and submit a progress report following six months of implementation and to refer the report to the Environmental Quality Scrutiny Panel.
- moved by Councillor Murray, seconded by Councillor Cunningham (on behalf of the Labour Group).
Amendment
1) To accept tie’s recommendations to delete the waiting, parking and loading restrictions on the south side of Bankhead Drive immediately in front of the car showrooms and the Plot occupied by Transco as provided for under TRO/O3/38A.
2) Not to make TR0/03/38D at the present time and not to install the traffic lights at the roundabout on the junction of Bankhead Avenue with Calder Road.
3) To review the operation of the new road system six months after it opened.
- moved by Councillor Laing, seconded by Councillor Jackson (on behalf of the Conservative Group). 12
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Voting
The voting was as follows:
For the motion - 44 votes For the amendment - 12 votes
Decision
To approve the motion by Councillor Murray.
(References - Executive of the Council 27 July 2004 (item 3); report no CEC/56/04-05/EQ by the Environmental Quality Scrutiny Panel, submitted.)
Declaration of Interests
Councillors Burns, Child and Cunningham declared a non-financial interest in the above item as non-Executive Directors of tie.
5 Questions
Questions put by members to this meeting, written answers and supplementary questions and answers are contained in the Appendix to this minute.
6 Minute
Decision
To approve the minute of meeting of the Council of 19 August 2004, as submitted, as a correct record.
7 Queen Margaret University College - Nomination
The Council was invited to nominate a replacement for Councillor Maginnis who had resigned from the Governing Body of Queen Margaret University College.
Decision
To nominate Councillor Child to the Governing Body of Queen Margaret University Co Ilege.
(References - Act of Council No 5 of 1 June 2000; report no CEC/57/04-05/CS by the Director of Corporate Services, submitted.) 13
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8 Leader’s Report
The Leader presented his report to the Council. The following issues were raised in questions on the report:
Councillor Dawe - Post of Director of Social Work
Councillor Whyte - Launch of Transport Edinburgh - investment funding Councillor Jackson - Congestion Charging referendum - voter registration
(Reference - report no CEC/70/04-05/L and supplementary report by the Leader, submitted.)
9 Revenue and Capital Monitoring 2004105 - Month Three Position
The Executive had referred recommendations on the three month revenue and capital monitoring positions.
Decision
1) To approve the use of reserves to manage the deferment of dividend income from New Edinburgh Limited.
2) To approve the prudential indicators set out in Appendix 5 of the report (no E/147/04-05/F) by the Director of Finance.
(Reference - report no CEC/61/04-05/E by the Executive of the Council, submitted .)
10 Scheme of Delegation to Officers - Proposed Amendment
The Executive had recommended an amendment to the Scheme of Delegation to Officers to increase the threshold for grant aid following a review of the corporate grant management arrangements.
Decision
1) With effect from 2005/06, to amend para 2.14(a) of Section 2 of the Scheme of Delegation to Officers (General Delegation to Directors) to authorise Heads of Department, in consultation with the appropriate Executive Member, to approve applications for the renewal of grants up to 14
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f 10,000, from properly constituted voluntary organisations which met the Council’s eligibility criteria.
2) To ask the Director of Corporate Services to provide an annual report detailing all grants so approved to the Resource Management and Audit Scrutiny Panel.
(Reference - report no CEC/60/04-05/E by the Executive of the Council, submitted .)
Declaration of Interests
Councillor Aldridge declared a financial interest in the above item as an employee of an organisation receiving a grant from the Council and left the meeting during the debate on the matter.
11 Draft Health and Safety Training Strategy
The Executive had referred to the Council a draft Health and Safety Training Strategy to support the Council’s health and safety management arrangements.
Decision
1) To note the report (no E/l76/04-05/CS) by the Director of Corporate Services.
2) To approve the draft Health and Safety Training Strategy.
3) To note the proposal to incorporate the health and safety competencies outlined in the draft strategy into the Council’s Performance Management system.
4) To note that the Director of Corporate Services would consult with an appropriate member of the Executive of the Council in determining the training priorities for elected members involved in the decision making process.
(Reference - report no CEC/62/04-05/E by the Executive of the Council, submitted .)
12 SIP Transitional Framework: Community Regeneration Fund
The Scottish Executive had announced the creation of a new Community Regeneration Fund (CRF) which would incorporate the current Social Inclusion Partnership Fund and the Tackling Drugs Misuse Fund. 15
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The implications of the new CRF for Edinburgh were detailed and specific proposals were made regarding the allocation of the city’s funding share in 2005106.
Decision
1) To note the Edinburgh Partnership’s allocation from the Community Regeneration Fund in 2005/06.
2) To note the application of the agreed percentage shares as detailed in paragraph 10 of the report by the Director of Corporate Services.
3) To endorse the proposals for transitional funding in South Edinburgh and the former Small Urban Regeneration Areas (SURAs) as detailed in paragraphs 11 and 12 of the Director‘s report.
4) To endorse the proposals for phasing in the new budgets for Leith and Restalrig as detailed in paragraphs 13 and 14 of the Director’s report.
5) To refer the Director’s report to the Edinburgh Partnership for its detailed consideration and decision.
6) To receive further reports on the SIP transition and the regeneration strategy for the city, including allocations to the Capital City Partnership, in due course.
(References - Executive of the Council 27 July 2004 (item 7); report no CEC/68/04-05/CS by the Director of Corporate Services, submitted.)
Declaration of Interests
Councillors Anderson and Gilmore declared a non-financial interest in the above item as Board members of the South Edinburgh Social Inclusion Partnership.
13 Usher Hall Phase 2: Outcome of Planning Application and the Way Forward
The outcome of the planning and listed building consent applications for Phase 2 of the Usher Hall refurbishment project was detailed. An update was provided on the project’s current financial position and options identified for funding the outstanding balance of the costs.
Authority was sought to proceed with commissioning detailed design and construction work. 16
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Decision
To re-allocate resources totalling f2m in the Culture and Leisure Department’s Capital Programme for 2004/05-2006/07, as detailed in paragraph 3.17 of the joint report by the Directors of Culture and Leisure and Corporate Services.
To pre-empt f2.83m from the Culture and Leisure Department’s Capital Programme for 2007/08-2008/09 for the Usher Hall Phase 2 project and, if required, pre-empt a further f650,OOO to reinstate those schemes identified in paragraph 3.18 of the joint report.
To commission a design team to prepare detailed designs and subsequently to commission the construction works.
To continue fundraising activities to offset the capital allocations as detailed in (1) and (2) above.
To give priority consideration to the inclusion of the landscape proposals in any programme of “Public Realm” improvements that might be proposed for 2009/2010.
With the proviso that the project was not delayed, to ask the Director of Culture and Leisure to report on:
a) How the Usher Hall project could be transferred to a trust run on similar lines to the Festival Theatres Trust, in order to preserve its long term future as a major national concert venue.
b) The state of the Department’s capital budget, detailing the unmet capital and revenue requirements of the various operational strategies, either proposed or in place, sponsored by the Department and making recommendations on:
i) the level of priority of all capital projects with a long-term plan to achieve these;
ii) how future ad hoc requests for capital expenditure should be addressed; and
iii) a realistic assessment of the way in which lottery, private funding and charitable donations might be achieved to assist the programme.
(References - Act of Council No 8 of 30 May 2002; joint report no CEC/67/04- 05/C&L/CS by the Directors of Culture and Corporate Services, submitted.) 17
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Declaration of Interests
The Lord Provost and Councillor Henderson declared a non-financial interest in the above item as Directors of the Usher Hall Conservation Trust.
Councillor Longstaff declared a non-financial interest in the above item as a Director of the Royal Lyceum Theatre Company which had objected to the Usher Hall project planning application.
14 Records Store - Funding An urgent need had been identified for a Council Records Store to hold the Council’s non-current records under properly managed conditions. These were held in a wide variety of unsuitable storage areas, with no environmental controls, poor access and inadequate security. The Freedom of Information legislation and the Code of Practice on Records Management issued under it demanded the adoption of a corporate and professional approach to the management of all records throughout their life cycle.
Approval was sought to fund the development of a records store in suitable premises at Murrayburn Road.
Decision
1) To approve a substitution of f400,OOO from the Energy Investment Programme held within the Corporate Services Department for the development of a records store at Murrayburn Road.
2) To ask the Director of Corporate Services to provide further information on the impact of the withdrawal of f400,OOO from the Energy Investment Programme. (Reference - report no CEC/66/04-05/CS by the Director of Corporate Services, submitted.)
15 Flood Prevention Schemes - Braid Burn and Water of Leith Progress was detailed on the Flood Prevention Schemes for the Braid Burn and the Water of Leith. Both schemes were to be referred to a Public Inquiry.
Decision
To note the reports by the Director of City Development.
(References - Act of Council No 11 of 18 March 2004; reports nos CEC/63/04- 05/CD and CEC/64/04-05/CD by the Director of City Development, submitted.) 18
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Declaration of Interests
Councillor Gordon Mackenzie declared a non-financial interest in the above item as a member of Prestonfield Golf Club.
16 Transport Edinburgh Ltd - Memorandum and Articles of Association
Meetings involving the Council, tie, Lothian Buses and Transdev on future transport integration in the city had resulted in a framework agreement for a company to be known as “Transport Edinburgh Limited”.
The company’s objectives and structure were described with its full details set out in the Memorandum and Articles of Association.
Motion
1) To approve the make up of the Board of Directors of Transport Edinburgh Limited, as detailed in paragraph 5 of the report by the Director of City Development, and the Executive Member for Transport and Public Realm as its chair.
2) To delegate authority to the Chief Executive and the Director of City Development, in consultation with the Council Solicitor, to agree the Memorandum and Articles of Association of the company.
3) To note that the Chief Executive had powers to appoint non-Executive Directors.
4) To note that a further report would be submitted in six months reviewing the composition of the Board.
- moved by Councillor Burns, seconded by Councillor Cunningham (on behalf of the Labour Group.)
Amendment
To continue consideration of the Memorandum and Articles of Association of Transport Edinburgh Limited for a report giving full details of the requirement for and advantages of establishing this organisation.
- moved by Councillor Jackson, seconded by Councillor Whyte (on behalf of the Conservative Group). 19
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Voting
The voting was as follows:
For the motion - 43 votes For the amendment - 12 votes
Decision
To approve the motion by Councillor Burns.
(References - Act of Council No 9(a) of 29 April 2004; report no CEC/69/04- 05/CD by the Director of City Development, submitted.)
Declaration of Interests
Councillors Burns, Child and Cunningham declared a non-financial interest in the above item as non-Executive Directors of tie.
17 Appointment of Independent Convener of the Special Sub- committee on Social Work Standards
Decision
To appoint D J Fraser as Independent Convener of the Special Sub-committee on Social Work Standards.
(References - Act of Council No 6 of 29 April 2004; report no CEC/71/04- 05/RC by the Recruitment Committee, submitted.)
18 Civic Reception for Olympic Athletes - Motion by Councillor Hende rso n
The following motion by Councillor Henderson was submitted in terms of Standing Order 28:
“The City of Edinburgh Council agrees to host a civic reception in honour of the magnificent achievement of the Edinburgh athlete Chris Hoy -winner of an Olympic Gold Medal and ten Edinburgh athletes and the coaching staff who contributed to Team Great Britain’s outstanding performance in the 2004 Athens Olympic Games.
Decision
To approve the motion by Councillor Henderson. 20
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19 Water Damage to Private Property - Motion by Councillor Mrs MacLaren
The following motion by Councillor Mrs MacLaren was submitted in terms of Standing Order 28:
“Council calls for a report on how incidents of damage by water leaks in private properties are tackled internally and externally.
The report should include comments on the role of Scottish Water and other agencies and should bring forward reasons on how better to assist Edinburgh citizens.”
Decision
To approve the motion by Councillor Mrs MacLaren and that the report be submitted to the Executive. 21
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Appendix (As referred to in Act of Council No 5 of 16 September 2004)
QUESTION NO 1 By Councillor Wheeler answered by the Executive Member for Transport and Public Realm
Question (1) What appropriate and urgent action is being taken to encourage the introduction of a shuttle bus service between Waverley Station and the new Parliament Building at Holyrood? In particular, what frequency and intermediate stops (if any) are proposed for this service?
Answer For some time, the Council has been involved in the proposals to extend Lothian Buses service 100 (Airlink) from its present terminus at Waverley Bridge to serve the Parliament at Holyrood. Before this can be achieved, additional parking and loading restrictions must be introduced in Jeffrey Street and St Mary’s Street to accommodate the service and its high frequency in a safe manner. Due to unresolved objections to the proposals, this will involve a Public Hearing for which a date has not yet been set but which is expected to take place before the end of the calendar year.
In the interim, a shuttle bus service using less than full-sized buses, could be provided as Councillor Wheeler suggests. The cost is likely to be substantial, bearing in mind that the former Lothian Buses service 64, which performed this task and was funded by the Scottish Parliament, cost €2,975 per week. There is no evidence to suggest that such a service might be provided commercially. 22
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The Director of Access and Information at the Scottish Parliament, Carol Devon, has contacted the Council on the issue and she has been advised that the Council has no funds within current budgets to finance such a service. It has been pointed out, however, that the Council is very willing to procure a service, were funding to be made available by the Scott ish Parliament.
Were this funding to be forthcoming, it would be envisaged that a 30-minute frequency would be provided on the service, calling at all stops en route.
Supplementary I am grateful to the Executive Member for the reply. Question He refers in the second paragraph to the former Lothian service 64 which obviously operated before the new Parliament building was occupied. Can he confirm whether any discussions have taken place with the Scottish Executive, maybe under the Bus Route Development Plan or other ways, with a view to putting in a shuttle service at least until the Airlink service can link the Parliament building to the Waverley area?
Supplementary I think I am right in saying that no discussions have Answer been undertaken under the Bus Route Development Fund but, as paragraph 3 of my answer indicates, discussions have taken place with the Scottish Parliament. We have made it clear that if they want to fund the service as previously we will procure such a service but currently the Council has no plans to fund such a service. That gap will be filled in due course by service 100 and discussions have taken place with the Scottish Parliament on this issue as paragraph 3 indicates. 23
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QUESTION NO 2 By Councillor Dawe answered by the Leader of the Council
Question (1) In view of the Electoral Commission findings on all- postal ballots, is the Council Leader still in favour of an all-postal ballot in the Colinton ward by-election?
Answer (1) Yes.
Supplementary I am quite astounded by this answer. I can Question understand that you might not have had the prescience to agree previously with the Liberal Democrat rejection of all postal ballots but I am dumbfounded that you are prepared to ignore the Electoral Commission recommendations, particularly two of them: that all postal ballot voting trials should not be pursued and that the concept should not be pursued for use at UK statutory elections; and, that there is a desperate need for urgent primary legislation to create an updated offence of undue influence in relation to postal voting and a new offence of fraudulent completion of postal vote applications, both to protect the integrity of postal voting. Can you explain why you are not willing to allow the electors of Colinton the choice of traditional or postal voting and why you think that the Commission’s recommendations somehow exclude Edinburgh?
S up p leme nta ry Can I deal with the Commission’s recommendations Answer first and foremost? They said that they would come back with a proposal for what they felt would be a balanced approach to encouraging electoral participation by the public and I very much look forward to that. 24
The City of Edinburgh Council 16 September 2004
I, like you, was interested to see the press coverage of the Commission’s findings. I do not think that it actually reflected what was in the report. What they did highlight was that there were actually only two cases where electoral fraud was detected provoking legal action and, despite the fact that there have now been a large number of postal vote ballots throughout the UK, those were the only issues that were raised. My understanding is that the Scottish Executive is in a position to progress our application for a postal ballot at Colinton.
From my point of view I think it is important that we try different ways of engaging the public. This is something that can help influence the debate in terms of what type of electoral arrangements we have for the next Council elections. I do think it would be worthwhile to go ahead with that and I do not think that anything in the Commission’s findings would cause me to reflect otherwise on that. 25
The City of Edinburgh Council 16 September 2004
QUESTION NO 3 By Councillor Dawe answered by the Leader of the Council
Question (1) Prior to the Full Council meeting on 24 June 2004, at which Tom Wood was appointed to the post of Drugs and Alcohol Champion, was Councillor Anderson aware of any other expressions of interest from well- qualified people for this post?
Answer (1) I was informed that an unsolicited letter had been received inquiring into the possibility of work in this area.
Question (2) If the answer is yes, then why did the Labour Group oppose an open advertisement, selection and appointment procedure for the post?
Answer (2) I was advised that discussions were already underway with our partner agencies about his possible appointment.
I understand that there was a need to act quickly to secure Mr Wood’s services. His appointment, on a flexible, fixed term consultancy based contract, was made under Council Standing Orders and in particular 78(2) which confirms that a Head of Department may choose from knowledge of specialist consultants.
In this regard, the nature of the work and his extensive experience, particularly of the local issues around drug and alcohol abuse, made Mr Wood an ideal appointment. 26
The City of Edinburgh Council 16 September 2004
Su p plementary Given that the unsolicited letter to which you refer in Question answer (1) was from an ex-Chief Constable of a Scottish Force now living in the Lothians, with a fairly impressive CV in relevant areas, do you not think this person perhaps deserved a response to his letter of 3 June and should not have had to write again on 16 July only to be told that the Council had already made the appointment on 24 June? Do you not think perhaps that this application should have been made known to us?
In relation to answer (2) could you tell us if Mr Wood has taken up his four day a week appointment as anticipated in the report to Council of 24 June and if not what was the rush to secure his services?
Supplementary In relation to Mr Oliver, I want to make it absolutely Answer clear and assure the Council, because I understand it has been said that the reason that we did not consider Mr Oliver was because of the controversy when he left his post as a Chief Constable, that it had absolutely nothing to do with that and the controversy was not in our thoughts at all in relation to that position.
I was made aware informally by the Chief Executive that there had been an approach. In relation to answering the correspondence, I think that’s really a question for the Chief Executive and I would be happy for him to discuss that with you. I don’t think it would have changed my view or necessarily our view in relation to this position had we known that that letter had been received or that approach had been made.
Tom Wood has begun the work that he’s undertaking for us in relation to that role. It’s a job that he’s doing not just for the Council but also for Lothian Health as we are taking a joint approach on this issue. He chaired the first meeting of EDAAT this week and I very much look forward to him playing a full role in the tackling of drugs in the city. 27
The City of Edinburgh Council 16 September 2004
QUESTION NO 4 By Councillor Gilchrist answered by the Executive Member for Transport and Public Realm
Question (1) How many vehicles, ie white vans with Council livery, does City Development have?
Answer (1) 82 vehicles. These are used primarily by building inspectors, planning officers, public safety staff etc but also by all departmental staff on a pool basis as required. Pool vehicles will be the basis of staff car use in the new Council HQ.
Question (2) Where are these vans normally parked when not in use and give an estimate of the numbers for each location ?
Answer (2) East Market Street 53 vehicles 20 Market Street 7 vehicles King’s Stables Road Yard 11 vehicles New Parliament House 11 vehicles
Question (3) What was the total cost of this fleet in 2003104 ie Capita VLeasi ng/Se rvicing /Re pa irs/M a in te na nce/F ue I etc?
Answer (3) 2003104 - f204,093 28
The City of Edinburgh Council 16 September 2004
Question (4) What is the estimate of the costs as in (3) for 2004105?
Answer (4) 2004105 - E 162,537
Supplementary information
Budget for fleet vehicles held by fleet services:
2003104 E 376,138 2004105 f 376,138
These vehicles are intended as the nucleus of a wider pool of vehicles to serve the new Council HQ. 29
The City of Edinburgh Council 16 September 2004
QUESTION NO 5 By Councillor Gilchrist answered by the Executive Member for Transport and Public Realm
A condition of the recent approval of the planning application for Morrison Street was that the applicant made a contribution of €250,000 towards the proposed tramway system.
Question (11 Please list all other planning applications which have been approved to date together with a note of their required contribution towards the tramway system.
Answer (1) Contributions towards the Edinburgh Tram are sought through the Tram Developer’s Contribution G uide Ii ne (su p p lemen ta ry p la nn i ng g uid an ce) . T his was approved in draft on 1 April 2004 and, following consultation, approved in final form by the Planning Committee on 8 September 2004.
This Guideline sets out a method for identifying developments which should make such a contribution, depending on their location, scale and nature of the development. Developments within close walking distance to a tram should make a greater contribution to tram and tram-related public realm; the larger a development, the greater contribution. The Guideline seeks a holistic approach to tram contributions, viewed in the light of overall contributions for transport infrastructure and relying on Transport Assessments to assist with this. The Guideline sets out a clear way for developers to identify the likely contributions as the basis for negotiations.
In addition to Morrison Street, a tram contribution is being sought in relation to the Biomedipark application at Little France, approved recently at Committee. The sum being sought here is fl.3m. This agreement has not yet been completed. 30
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Over the past two years, all consented developments along the Leith-Granton Waterfront have contributed, or will be obliged to contribute, an amount broadly in line with the principles approved this year, or a land contribution to accommodate the route of the tram, where appropriate. Although these preceded the policy, these helped to establish its basis.
The Morrison Street development is the first major development in the city centre to have the obligation of the tram attached to its planning consent.
Currently, there are several proposed developments along the tram routes under consideration that will attract contributions under the terms of the recently confirmed policy. A list of contributions will be prepared as soon as procedures are established.
Supplementary Given the contribution being requested in respect of Question Morrison Street, the size of the contribution being sought at Little France and the fact that other contributions have been requested in advance of this policy being agreed, do you not agree with me that the decision by the Royal Bank of Scotland in respect of Gogarburn to make no significant contribution at all is seen as appalling? Will you undertake to approach the Royal Bank of Scotland again to see if they will revisit this issue and if you will not, why not?
Supplementary I don’t agree with the statement or assertion Answer Councillor Gilchrist just made. I’m happy to give him an undertaking that I will reconsider this general issue with the Director of City Development but I am not in a position this morning to give a direct yes or no as to whether we can go back to the Royal Bank on the specifics of the tram. That has now passed but I certainly do not agree with his assertion about the Royal Bank of Scotland. 31
The City of Edinburgh Council 16 September 2004
QUESTION NO 6 By Councillor Kate MacKenzie answered by the Executive Member for Children and Families
Question (1) What steps is the Council taking to alleviate pressures on devolved school budgets caused by rising energy prices?
Answer (1) The Education Department adopts a strategic approach to the management of fuel costs. Investment in school premises in recent years through the capital programme has targeted heating systems, roofs and windows to enhance the fuel efficiency of buildings.
Old inefficient boilers have been replaced substituting obsolete equipment with modern efficient heating units. Schools benefiting from this programme of investment in recent years include Boroughmuir High School, Broughton High School, Holyrood RC Secondary, Broughton Primary School, St Mary’s Edinburgh Primary School, Colinton Primary School and Wester Hailes Education Centre.
In addition to reducing the consumption of fuel, modern more efficient heating technology contributes to reducing C02 omissions from our buildings.
Where feasible the department replaces flat roofs with pitched roofs. This improves the thermal efficiency of buildings through upgrading the insulating properties of the roof to the latest building standards. As an example the roof has been converted at Westburn Primary School over the last two years. 32
The City of Edinburgh Council 16 September 2004
The department also has a programme of window replacement across the school estate improving the heat retention of buildings and reducing heating costs by replacing single glazed windows and doors with double glazed units.
All of these measures, part of an ongoing programme, have a beneficial effect on devolved fuel budgets.
Beyond this the department works closely with the Energy Management Unit in Corporate Services to regularly reassess energy budgets and ensure accurate monitoring of fuel consumption.
Last year the energy budget totalled E3.087m. A combination of the measures outlined above and good housekeeping in schools and other establishments meant we spent E2.903m. The savings in devolved budgets go back to schools within the Devolved School Management scheme and Community Centres within the Devolved Community Management scheme.
The problem of the increase in world fuel prices and in particular the knock on effect of gas and electricity prices is widely acknowledged and is an issue for the whole Council. For its part the Education Department will seek to address the recent increase in fuel prices as far as possible within available resources as part of the revenue budget process for 2005l06.
S u pp leme nta ry In relation to the last paragraph of the answer, what I Question actually want to know is whether it will hit the devolved school budgets not the Department’s budget.
Supplementary They are one and the same. The devolved school Answer budgets come out of the Department’s budget. We need to assess all the costs arising and then see where best to meet them. I am confident, however, given the work already done in schools to keep energy use low because of new insulation and all the measures outlined in the answer, that this will not be a problem for schools.
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