Ms M Tremmel, Head Teacher, Gullane Primary School

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1 MINUTES of the MEETING of EAST LOTHIAN COUNCIL held in CONFERENCE ROOMS 1&2, JOHN MUIR HOUSE, HADDINGTON on 21 JUNE 2005 Councillors Present: Mr P O Brien (Chair) Mr D Costello Mr A Forrest Mr D Grant Mr N Hampshire Mr W Innes Mr K Jarvie Mrs M Libberton Mrs A McCarthy Mr J McNeil Mr R McNeill Mr N Murray Mr P O Donnell Mr J Ross Mr B Shepherd Mrs M Talac Mr L Broun-Lindsay Mr P Ford Mr G Meikle Mr N Rankin Mr D Berry Mr C Ingle Mrs S Richardson Attending: Mr J Lindsay, Chief Executive Mr A Blackie, Director of Education & Children s Services Mr P Collins, Director of Environment Mr A McCrorie, Director of Corporate Finance and IT Mr B Walker, Director of Community Services Mr D Cameron, Head of Education Mr A Forsyth, Head of Community Housing & Property Management Mr J Lamond, Head of Policy and Business Management Ms S Saunders, Head of Personnel Services Mr T Shearer, Head of Community Wellbeing Mr D Evans, Senior Environmental & Consumer Services Manager Mrs L Gillingwater, Committee & Admin Services Manager (Clerk) Mr P Ince, Senior Transportation Policy Officer Mr K MacConnachie, Council Solicitor Mr J McGuinnes, PPP Project Manager (from Item 8) Mr R Matthew, Planner Mr D Russell, Corporate Communications Manager Mr R Sinclair, Public Relations Officer Mr P Zochowski, Senior Planner In Attendance: Ms M Tremmel, Head Teacher, Gullane Primary School

2 Prior to the commencement of business, the Provost announced that Bruce Walker, Director of Community Services, was retiring after 23 years service. He described Mr Walker as a well-respected and much-admired figure, and thanked him on behalf of Members and officials for his hard work throughout his career with the Council. The Provost also announced that the Head of Education, David Cameron, would be leaving the Council after over 4 years to take up the position of Director of Children s Services at Stirling Council. He commented that Mr Cameron had made a big impact at the Council, and wished him luck in his new post. 1. COUNCIL AND COMMITTEE MINUTES The Minutes of the Council and its Committees specified below were submitted and approved. Council Committee for Education 22 March 2005 East Lothian Council 12 April 2005 Planning Committee 19 April 2005 Item 3 Councillor Meikle requested that the word freely be removed from the sentence Bishop Shepherd advised that Lidl had freely stated that the sum of 20,000 would be available.... This change was agreed. Cabinet 3 May LOCAL GOVERNMENT ELECTIONS 2007 PROPOSAL TO DECOUPLE FROM SCOTTISH PARLIAMENTARY ELECTIONS A letter received from the Chief Executive of the City of Edinburgh Council was submitted, seeking the support of the Council on the proposal to postpone local government elections for one year to The Chief Executive informed Members that the City of Edinburgh Council had written to all Scottish local authorities seeking support for a Private Members Bill on the decoupling of local elections from Scottish parliamentary elections. He explained that if both elections were held on the same day there would be three different voting systems in progress. It was anticipated that this would lead to confusion for voters and, as a result, there could be a larger number of spoilt ballot papers. In addition to this, it was felt that local issues were being subsumed into the national agenda and that the decoupling of elections would allow for the profile of the local elections to be raised. Councillor Innes commented that voters would feel disenfranchised if they were to spoil their ballot paper by accident. He advised that the Council would need to educate the electorate on the new voting system prior to the next local government

3 elections and suggested that, where possible, Members and Council officials should observe elections in areas where the system was already in place in order to gain a better understanding of it. Councillor Berry suggested that the points made by Councillor Innes should be addressed by CoSLA. Councillor Richardson asked if there was any evidence that the decoupling of elections would result in a lower turnout at the local elections. The Provost advised that there had always been a high turnout at local elections in East Lothian. The proposal to decouple local elections from the Scottish parliamentary elections met with cross-party support. The Council agreed to support the decoupling of local government elections from Scottish parliamentary elections and that an appropriate response be made directly to the private member sponsoring the bill. 3. POLICY & PERFORMANCE REVIEW PANELS UPDATE A report was submitted by the Chief Executive which provided a brief outline of the business of the four Policy & Performance Review Panels (PPRP) during their most recent cycle of meetings. The Chairpersons of each Policy & Performance Review Panel were invited to provide an update of the business discussed. Meeting of the Corporate Governance PPRP 26 April 2005 Councillor Grant reported that a presentation on the DWP-sponsored Performance Management System had impressed members of the Panel, commenting particularly on the user-friendliness and transparency of the system. On the rent arrears update, referred to the Panel from the Community Services PPRP, Councillor Grant advised that the SPI had shown an increase in debt levels. However, it had been explained that the net annual debit had actually fallen by 18% and that the gross rent figures had also fallen, due to Council house sales. This had distorted the SPI figures. He added that Audit Scotland had been contacted about the weakness of the SPI. Councillor Grant reported that the Panel was reassured with measures put in place in relation to the Trading Operations Review He also advised that the Panel was satisfied with the risk management ethos which was developing within the Council. Regarding SPI analysis, the Panel agreed to monitor the situation with Council house voids.

4 Meeting of the Community Services PPRP 12 April 2005 Councillor O Donnell reported that the Panel had requested an investigation into the apparent low take-up of free school meals, and had asked for updates on the roll-out of cashless catering in secondary schools. On the follow-up on the HMIe inspection of community learning and development in the Dunbar area, it was noted that the authority has taken effective action overall to implement the recommendations of the report. It has made good progress on 2 action points and fair progress on 2 action points. Members noted the financial constraints on the service and had suggested that the youth programme be given support to make best use of existing facilities. Councillor O Donnell advised that the Panel had received a report highlighting the success of Hallhill Healthy Living Centre in Dunbar. He also pointed out that Visit Scotland had recently awarded John Muir Country Park three-star status. Meeting of the Environment PPRP 3 May 2005 The Panel had received a report on the Inspection & Performance Monitoring of Road Works, which had included sample cores from road repairs and an analysis of trends. Councillor Ford advised that the Panel would welcome an increase in the inspection charge of road works, and considered options to raise the profile of the service. Councillor Berry informed Members that he and Councillor Rankin had met to discuss their concerns in this area and asked to be kept informed of progress. On waste services, Councillor Ford reported that an investigation had concluded that there would be no practical benefit for East Lothian in introducing a 2-shift pattern, and it was noted that the Council s current operations had shown to be effective and efficient. Councillor Ford reported that East Lothian had one of the highest levels of white street lights in Scotland, which were considered as more attractive and environmentally friendly than the traditional orange lights. It was noted that the Panel had requested more detailed performance balanced scorecards. Meeting of the Education & Children s Services PPRP 10 May 2005 Councillor Libberton reported that a detailed presentation on the recent HR Review of Children s Services had been received by the Panel, which had sought to rectify grading anomalies and recruitment and retention issues. It was noted that the review had been approved by Cabinet and that an action plan had been drawn up. On school attendance and attainment, Councillor Libberton advised that the Panel had received a presentation from the Head Teacher of Musselburgh Grammar School on how the school was tackling this issue. She reported that the Panel had considered it

5 appropriate to be prepared to take action on parents, and also to give additional support to parents. The Council Committee for Education would re-address issues of parental responsibility and the effect of attendance on attainment. The impact of the Nursery Nurses dispute was discussed at the meeting, and it was reported that the dispute had had a detrimental effect on team working and flexibility. It was noted, however, that there had been no significant difficulties with transition from nursery to Primary 1, and that there had been no relationship break-downs between Head Teachers and staff. With regard to children with special needs, the Panel was reassured that all needs were being addressed in spite of the difficult situation. Councillor Libberton drew attention to the positive HMIe and Integrated Inspection reports of schools in East Lothian. She also pointed out that due to the development of performance balanced scorecards, the data for Education had not been available. Councillor Libberton thanked the outgoing Head of Education, David Cameron, for his input to Panel discussions. Councillor Meikle commended the work of the PPRPs, but commented that Cabinet and other Members should be more proactive in raising issues for consideration by the Panels. The Council agreed to note the contents of the report. 4. SUBMISSIONS TO THE MEMBERS LIBRARY SERVICE, 1 APRIL JUNE 2005 A report was submitted by the Chief Executive recording the reports submitted to the Members Library Service since the last meeting of the Council into the Council s business. The Council agreed to record the reports submitted to the Members Library Service between 1 April and 10 June 2005, as listed in Appendix 1 to the report, into the Council s business. 5. SUMMER RECESS ARRANGEMENTS AND SCHEDULE OF MEETINGS 2005/06 A report was submitted by the Chief Executive advising Members on and seeking approval of the Council s summer recess arrangements, and providing information on the provisional Committee Schedule for 2005/06.

6 i. to approve the application of summer recess arrangements outlined in rule 42 of the Council s Standing Orders, effective from the close of the meeting until the Council meeting of 23 August 2005, attached as Appendix 1 of the report; i to approve that reports seeking homologation of business carried out during the recess period should be brought to the Council meeting of 23 August 2005; and to approve the provisional Committee Schedule for 2005/06, attached as Appendix 2 of the report, noting that meetings of the Appeals Sub-Committee and Tenancy Sub-Committee had now been incorporated into the schedule. 6. FINALISED EAST LOTHIAN LOCAL PLAN 2005 A report was submitted by the Director of Environment seeking Council approval for the Finalised East Lothian Local Plan 2005 and for its subsequent placing on deposit for objections. The Director of Environment spoke to the report in detail, informing Members of the context and format of the Local Plan, and advising of the next steps in the process. He reported that the Council had sought permission from Scottish Ministers for exemption from the Strategic Environmental Assessment, but that a response had not yet been received. The Director of Environment pointed out that the Local Plan contained a proposal to create a Cultural Centre at Whittingame Drive in Haddington, but that since publication of the Plan, this location had been deemed unsuitable for this purpose. Councillor Berry questioned the absence in the document of a settlement plan and an overall vision for East Lothian, and requested that a strategy for the future of the area be produced. Regarding the settlement plan, the Director of Environment advised that the format of the document had been designed in accordance with Scottish Executive guidance and that all settlement proposals were included within various sections of the Plan. He pointed out that the Local Plan was a statutory document with a statutory purpose, and that it could not be used as a vehicle to replace the Community Plan. He advised that the Community Plan was currently being revised and that it would include visionary statements. Councillor Murray informed the meeting that work on a long term vision for East Lothian would be underway soon, and that an external consultant had been employed for this purpose. Councillor Costello argued that the Structure Plan provided a vision for the future of East Lothian, in terms of protecting communities and identifying land for economic development.

7 In response to a question by Councillor Richardson on the availability of a settlement statement, the Director of Environment advised that he intended to make settlement plans available, which would contain Local Plan material and additional information. Regarding the Haddington Cultural Centre, Councillor McCarthy explained that the proposed location had been rejected due to stringent regulations on building on flood planes. The Director of Environment and his staff were congratulated on the production of the document and on the consultation process. i. to approve the Finalised East Lothian Local Plan 2005; i iv. to note the contents of the supporting Publicity & Consultation Statement; to agree that the Finalised Local Plan be placed on deposit for its statutory six week representation period; and to give authority to officials to make any necessary editing and presentational changes to the Finalised Local Plan, prior to putting it on deposit. 7. ANNUAL PENSIONS REPORT A report was submitted by the Chief Executive and the Director of Corporate Finance & IT advising the Council of the Government s proposed changes to the Local Government Superannuation Scheme. The report also sought support to allow senior officials of the Council to review and vary the discretionary pension benefits to staff, with the intent of reducing the Council s residual strain on the pension fund costs incurred by the tendency to award maximum added years to applicants. The report summarised the number, type and cost of individual early retirement packages approved in the financial year , in compliance with External Audit requirements and in accordance with a previous report to the Policy & Resources Committee of the Council on 7 April 1998, outlining the Council s policy in respect of applications for early retirement for staff in the Local Government Pension Scheme and the report on Premature Retirement of Teaching Staff approved by Cabinet on 9 March The Head of Personnel Services spoke to the report, advising Members on the Government s proposed changes to the Local Government Pension Scheme. She assured Members that they would be kept informed of developments. She also asked for Council approval to allow her and the Head of Corporate Finance to review the current policy on discretionary pension benefits.

8 i. to note the contents of the report; and to approve the review of the discretionary pension benefits available to staff and consider findings in a subsequent report. Sederunt: the PPP Project Manager joined the meeting. 8. HALLHILL HEALTHY LIVING CENTRE A report was submitted by the Director of Corporate Finance & IT advising the Council on the position with regard to funding for Hallhill Healthy Living Centre. Declaration of Interest: Councillor Hampshire declared an interest as the Director of the Dunbar Community Development Trust. The Director of Corporate Finance & IT spoke to the report, informing Members that the Hallhill Healthy Living Centre had attracted funding of 988,627 from the Sports Lottery Fund in 1999, but that a subsequent bid to the New Opportunities Fund to develop the facility had been rejected. He drew attention to other funding applications which had also been turned down, resulting in a funding gap of 787, The Council had bridged this funding gap through a loan. Councillor Hampshire expressed his disappointment at the funding situation, in particular the lengthy application process and rejection by the New Opportunities Fund. He highlighted the success of the facility, describing it as an excellent example of community development. He pointed out that the Scottish Rugby Union and Scottish Football Association had already held competitions there, and that SportScotland had endorsed it as a resource for the whole community. His comments were supported by several Members. The Council agreed to recognise the achievements of the Dunbar Community Development Company and agreed to write off the outstanding loan finance of 787, which had been required to cover the gap in finalising mainly the capital costs but also some revenue costs to date of the Hallhill Healthy Living Centre, Dunbar. 9. JOHN MUIR S BIRTHPLACE, DUNBAR A report was submitted by the Director of Corporate Finance & IT highlighting the success of John Muir s Birthplace in Dunbar and outlining the proposal to finalise the

9 John Muir Birthplace Trust fundraising campaign in support of the capital development costs of the building. The Head of Community Wellbeing spoke to the report, explaining that unforeseen costs had risen during the contract which had resulted in a funding shortfall, and that the Trust was unable to raise the required funds for the capital costs of the building. By having the outstanding loan to the Council written off, the Trust could concentrate its future fundraising efforts on educational events and community activities. In supporting the recommendations, Councillor Murray described the centre as a fantastic facility from both a tourism and an educational point of view. The Council agreed to recognise the achievements of the John Muir Birthplace Trust and agreed to write off the outstanding Council loan finance of 216, which was required to bridge the funding gap in the cost of creating the Birthplace Centre in Dunbar. 10. PURCHASE AND PROVISION OF COMMUNITY SUPPORT SERVICES ELIBILITY FRAMEWORK A report was submitted by the Director of Community Services seeking approval to introduce an Eligibility Framework to guide the future purchase and provision of social care services to vulnerable adults and older people in East Lothian. The Director of Community Services spoke to the report, advising that the Eligibility Framework would clarify the levels and forms of support that users, carers and stakeholders could expect in relation to social care services, and would allow the Council to control expenditure in this area more effectively. Councillor McCarthy spoke in support of the framework, which had been devised to respond to an increase in demand and the financial pressures resulting from the free personal care policy. She pointed out that it would allow the Council to provide services for those most in need, but that there would be a reduction in the lower level support previously provided. Councillor Richardson argued that difficulties with an increasing elderly population had not been assessed properly at national level and attributed some of these problems to changes in the NHS. Councillor Innes criticised this flagship policy of the Scottish Liberal Democrats, stating that it had led to a reduction in services for vulnerable people, and remarked that Liberal Democrats should accept responsibility for the difficulties now faced by local authorities. Councillor Ford paid tribute to Councillor McCarthy for her work in this area, and accepted that the rationing of services was necessary.

10 i. to note the contents of the report; and to approve the introduction of the Eligibility Framework (attached as Appendix 1 of the report). 11. MANAGEMENT OF HOUSING ALLOCATIONS A report was submitted by the Director of Community Services seeking approval for proposals to ensure that the Council s Housing Allocations Policy would give sufficient priority to homeless applicants and the Council would continue to comply with the terms of the Homeless Persons (Unsuitable Accommodation)(Scotland) Order In accordance with Scottish Executive guidance on the Housing (Scotland) Act 2001, the Council would consult with Tenants Organisations on the proposals. The Director of Community Services spoke to the report, updating Members on the current position with regard to compliance with the Homeless Persons (Unsuitable Accommodation)(Scotland) Order He advised that in order to remain compliant with the Order, the Council would need to continue allocating a high proportion of vacant houses to homeless families. He reported that the Council had now bought 61 houses, and that this policy would be reviewed in September Councillor Innes congratulated the Director of Community Services and other staff involved in achieving compliance with the legislation, but warned that as a result, it was leading to deprivation in some areas. He indicated that the Council would continue to pursue this issue with the Scottish Executive. Councillor Ingle enquired as to the cost to the Council of buying houses. The Director of Community Services advised that he would provide him with this information. Councillor Ingle also questioned the removal of fixtures and fittings from houses which had been purchased by the Council. The Head of Community Housing & Property Management responded, informing him that the fixtures and fittings in some properties did not meet the standard required by the Council. He added that for health and safety reasons, white goods could not be accepted by the Council. i. that with effect from 1 July 2005, vacant houses would be allocated in the following proportions:

11 House Size Allocations Homeless Transfers Waiting List 2 apt 40% 50% 10% 3 apt 70% 20%* 10% 4 & 5 apt 20% 70% 10% * Transfers to 3 apartment, ground floor houses would be allocated on a 50/50 basis to existing tenants of 3 apartment and 4 apartment houses that the position would be reviewed after 3 months and a further report brought to Cabinet. Sederunt: Councillor Ingle left the meeting. 12. HOUSING FINANCES A report was submitted by the Director of Corporate Finance & IT providing information on the current financial position of the Council Housing Service. The Director of Corporate Finance & IT believed that the Council was the first and only local authority in Scotland to become debt free for housing through its own efforts. Councillor Innes described the position as a remarkable achievement, and paid tribute to all those involved for their efforts in accomplishing this. He added that the Council was now in a strong position to move forward with its affordable housing strategy. The Council agreed to note the content of report, in particular that it was now in the excellent financial position of Being debt free Having good quality housing stock Having the third lowest average Council house rent in Scotland Improving in the collection of rent debt, and Being at the start of a two-year rent freeze. 13. ASSISTED HOME PURCHASE A report was submitted by the Director of Corporate Finance & IT explaining the preferred method for the Council to assist homebuyers in the open market. The Provost requested that Standing Orders be suspended in respect of this item (under Rule 36), as a resolution on this issue had been made by the Council on 25 January The Council agreed to suspend Standing Orders in respect of this item.

12 Councillor Innes reported that such a scheme had been an aim of the Administration for some time and that he hoped to progress it as quickly as possible. He described it as an important vehicle to allow young people to enter the housing market. Councillor Ford asked if this scheme would replace the proposals submitted to the Council on 25 January Councillor Innes confirmed that this was the case. i. to suspend Standing Orders so that a modification could be made to the decision taken by the Council on 25 January 2005; to proceed with proposals to provide financial assistance by buying a share of an asset. 14. SUPPLY, DELIVERY, INSTALLATION & MAINTENANCE OF DOOR ACCESS SYSTEM A report was submitted by the Director of Corporate Finance & IT seeking homologation of the decision taken by the Provost and Leader of the Council to award the contract for the Supply, Delivery, Installation & Maintenance of a Door Access system in all main East Lothian Council premises to Messrs SECOM Plc. The Council agreed to homologate the decision taken by the Provost and Leader of the Council to award the contract for the Supply, Delivery, Installation & Maintenance of a Door Access system in all main East Lothian Council premises to Messrs SECOM Plc. 15. WASTE HAULAGE, RECYCLING & ASSOCIATED SERVICES AWARD OF CONTRACT A report was submitted by the Director of Community Services seeking approval to award the contract for the Provision of Waste Haulage, Recycling & Associated Services to Hamilton Waste & Recycling Ltd. The Council agreed to approve the award of contract for the Provision of Waste Haulage, Recycling & Associated Services to Hamilton Waste & Recycling Ltd for a period of 3 years from September 2005 and, by mutual agreement for a further period of 2 years if beneficial to the Council.

13 16. FIRE UPGRADE AND ACCESSIBLE TOILET AT PRESTONPANS INFANT SCHOOL A report was submitted by the Director of Community Services seeking homologation of the decision by the Provost and Council Leader to award the contract for the fire upgrade and accessible toilet at Prestonpans Infant School, to Messrs Bankton Building Services, Tranent. The Council agreed to homologate acceptance of Messrs Bankton Building Services tender amounting to 95, after checking and correction, noting that it would be open for consideration until 1 September 2005, but that work must be carried out during the school summer holidays for the fire upgrade and accessible toilet at Prestonpans Infant School. 17. TOILET REFURBISHMENT AT COCKENZIE PRIMARY SCHOOL AND ST MARY S PRIMARY SCHOOL, HADDINGTON A report was submitted by the Director of Community Services seeking homologation of the decision by the Provost and Council Leader to award the contract for the toilet refurbishment at Cockenzie Primary School and St Mary s Primary School, Haddington, to Messrs Clark Contract Ltd, Paisley. The Council agreed to homologate acceptance of Messrs Clark Contracts Ltd s tender amounting to 66, after checking, noting that it would be open for consideration until 25 August 2005, but that work must be carried out during the school summer holidays for the toilet refurbishments of Cockenzie Primary School and St Mary s Primary School, Haddington. 18. ALTERATIONS & REFURBISHMENT TO P1 TOILETS, DISABLED TOILET AND STAFF TOILETS AT CAMPIE PRIMARY SCHOOL, MUSSELBURGH A report was submitted by the Director of Community Services seeking homologation of the decision by the Provost and Council Leader to award the contract for the alterations and refurbishment of toilets at Campie Primary School, Musselburgh, to Messrs Bankton Building Services, Tranent. The Council agreed to homologate acceptance of Messrs Bankton Building Services tender amounting to 66, after checking, noting that it would be open for consideration until 25 August 2005, but that work must be carried out during the school summer holidays for the alterations and refurbishment of toilets at Campie Primary School, Musselburgh.

14 19. PROPOSED EXTENSION AT ST GABRIEL S PRIMARY SCHOOL, PRESTONPANS A report was submitted by the Director of Community Services seeking homologation of the decision taken by the Provost and Council Leader to award the contract for the proposed extension at St Gabriel s Primary School, Prestonpans, to Border Construction Ltd, Carlisle. Councillor Ross drew attention to the investment being made in improving East Lothian s primary schools, and thanked officials for identifying and securing funding for these projects. i. to homologate acceptance of Messrs Border Construction Ltd s tender amounting to 1,086, after correction, noting that would be open for consideration until 15 July 2005, for the proposed extension at St Gabriel s Primary School, Prestonpans; and to homologate the increased expenditure of 30,000 for loose furniture, 20,000 for IT works and 5,000 for soft landscaping works giving a total estimated project expenditure, including professional fees and expenses of 1,287, INTEGRATED INSPECTION BY THE CARE COMMISSION AND HM INSPECTORATE OF EDUCATION OF MUSSELBURGH BURGH PRIMARY SCHOOL NURSERY CLASS A report was submitted by the Director of Education & Children s Services informing Members of the Integrated Inspection of Musselburgh Burgh Primary School Nursery Class. The Director spoke to the report, drawing attention to the key strengths of the inspection, including: positive relationships between staff, parents and children; the integration of children with additional needs in the life of the nursery; and the Depute Head Teacher s commitment to improving the quality of the work of the nursery. He outlined the main recommendations for improvement, advising that action was already being taken to meet these recommendations. i. to note the content of the report; to authorise the Director of Education & Children s Services to congratulate the staff and pupils on the key strengths of the nursery class; and

15 i to authorise the Director of Education & Children s Services to implement the action plan in co-operation with the Head Teacher. 21. INSPECTION OF GULLANE PRIMARY SCHOOL BY HM INSPECTORATE OF EDUCATION (HMIe) A report was submitted by the Director of Education & Children s Services informing Members of the Inspection of Gullane Primary School by HMIe. The Provost introduced Maureen Tremmel, Head Teacher of Gullane Primary School, who highlighted the key strengths and the main points for action in the report. She added that work to address the action points was now underway. Councillor Meikle, as the Local Member, praised the efforts of Mrs Tremmel and the previous Head Teacher, Julie Fox. i. to note the content of this very good report; i iv. to authorise the Director of Education & Children s Services to commend the Head Teacher, staff and pupils on the key strengths of the school; to authorise the Director of Education & Children s Services to implement the action plan in co-operation with the Head Teacher; and to note that a report on progress would be submitted to the Council Committee for Education and sent to HMIe and parents in FOLLOW-THROUGH REPORT ON THE HMIe INSPECTION OF STANDARDS AND QUALITY IN STENTON PRIMARY SCHOOL A report was submitted by the Director of Education & Children s Services advising Members on the Authority s follow-through report on the HMIe Inspection of Standards and Quality in Stenton Primary School. The Director spoke to the report, advising that the report had been carried out by the Council in conjunction with HMIe. He informed Members that very good progress had been made on recommendations of the inspection report and commended the efforts made by the school. As Local Member, Councillor Broun-Lindsay expressed his delight at the report and thanked the Head Teacher and the staff for their work.

16 i. to note the content of the Authority s follow-through report; i iv. to note the very good progress made in addressing the recommendations of the report; to note that HMIe would make no further visits to the school in connection with the recommendations of the report; and to congratulate the Head Teacher and staff on the very good progress made. 23. FOLLOW-THROUGH REPORT ON THE HMIe INSPECTION OF ATHELSTANEFORD PRIMARY SCHOOL A report was submitted by the Director of Education & Children s Services advising Members on the Authority s follow-through report on the HMIe Inspection of Athelstaneford Primary School. The Director spoke to the report, advising that very good progress had been made on recommendations of the inspection report. He pointed out that the HMIe Inspection had taken place in March 2003, not 2004 as mentioned in the report. i. to note the content of the Authority s follow-through report; i iv. to note the very good progress made in addressing the recommendations of the report; to note that HMIe would make no further visits to the school in connection with the recommendations of the report; and to congratulate the Head Teacher and staff on the very good progress made. 24. SHIP-TO-SHIP TRANSFERENCE OF OILS AND OTHER HYDROCARBONS IN THE FIRTH OF FORTH A report was submitted by the Chief Executive and the Director of Environment advising the Council about proposals to carry out ship-to-ship (STS) transfer of oil in the Forth Estuary, to recommend a consultation response to oil spill contingency plans, and to suggest that the Council makes further representation to the Secretary of State for Transport, the Scottish Executive and local MSPs and MPs.

17 Declaration of Interest: Councillor Berry declared an interest as a Board Member of SEPA. The Senior Environmental & Consumer Services Manager spoke to the report in detail, pointing out that although the Council would not have a statutory role in the process, it would be responsible for responding to an emergency situation. He drew attention to the possible environmental and economic consequences of an oil spill for East Lothian, and highlighted the lack of regulatory controls. Councillor Hampshire expressed concern that the proposals could be put in place without consultation with local authorities and urged the Council to accept the recommendations outlined in the report. Councillor Costello requested that the Council should inform all local authorities with borders on the Forth coastline of the Council s decision and seek their support on the issue. Councillor Rankin thanked the officials involved for bringing this issue to the attention of the Council, commenting that the outcome of failure would be a disaster for East Lothian and that an unregulated operation would not be 100% safe. Councillor Richardson suggested that MEPs should be included in any representation made by the Council about the possible consequences and lack of controls surrounding this issue. i. to note and endorse the report; i that given the potential for any failure in STS operations to impact profoundly on East Lothian s coastline with consequences for the local economy including tourism and fishing, together with the intrinsic risks and concerns about the prevention and safeguards of an incident, that it would object to the proposal and recommend that the Marine Coastguard Agency (MCA) does not recommend STS operations in the Firth of Forth; that the Council should make written representations to the Secretary of State for Transport, the Scottish Executive, Local MSPs, MPs and MEPs, the MCA and Forth Ports about: a. the potential environmental and economic consequences to East Lothian from a major failure in proposed STS operations; and b. the apparent lack of regulatory control and strategic planning in a UK a context for STS transfer, and the need for such comprehensive safeguards to be in place to ensure adequate protection of the East Lothian coastline and coastal waters; iv. that the Council should inform all local authorities bordering the Forth coastline of the Council s decision and to seek their support on the issue.

18 Sederunt: Councillor Berry left the meeting. 25. SUMMARY OF PROCEEDINGS EXEMPT INFORMATION The Council unanimously agreed to exclude the public from the following business containing exempt information by virtue of Paragraphs 1 and 9 (information relating to particular employees of the Authority, terms proposed or to be proposed in the course of negotiations for a contract for the acquisition or disposal of property) of Schedule 7A to the Local Government (Scotland) Act SUMMARY OF PROCEEDINGS EXEMPT INFORMATION (a) Personnel Matters Three reports, one submitted by the Director of Corporate Finance & IT, one submitted by the Director of Community Services, and one submitted by the Director of Environment concerning personnel matters were approved. (c) Property/Land Matters Three reports submitted by the Director of Community Services concerning property/land matters were approved.

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